EARLY INTERVENTION RULES AND REGULATIONS
ColoradoRegulations
Ask Donna
How this section applies to your facts.
Code of Colorado Regulations › 1400 Department of Early Childhood › 1405 Early Intervention Colorado Program › 8 CCR 1405-1
Text
1
DEPARTMENT OF EARLY CHILDHOOD
Early Intervention Colorado Program
EARLY INTERVENTION RULES AND REGULATIONS
8 CCR 1405-1
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
5.100
AUTHORITY
These rules and regulations are adopted pursuant to the rulemaking authority provided in section 26.5-1-
105(1)(a), C.R.S., and are intended to be consistent with the requirements of the State Administrative
Procedures Act, section 24-4-101 et seq. (APA), C.R.S., and the Anna Jo Garcia Haynes Early Childhood
Act, sections 26.5-1-101 et seq. (Early Childhood Act), C.R.S.
5.101
SCOPE AND PURPOSE
These rules and regulations shall govern the processes and procedures to administer and/or obtain Early
Intervention services in Colorado.
5.102
APPLICABILITY
The provisions of these rules and regulations shall be applicable to the Early Intervention Colorado
Program and all individuals involved with service delivery of the Early Intervention Colorado Program.
5.103
EARLY INTERVENTION PROGRAM DEFINITIONS
This rule is promulgated pursuant to section 26.5-3-402, C.R.S.
A.
Abuse or child abuse and/or neglect as used in these rules and regulations has the same
meaning as defined in section 19-1-103(1)(a), C.R.S.
B.
Access to records means the right for a parent or guardian to have the opportunity to inspect,
review and obtain copies of records related to evaluation, assessment, eligibility determination,
development and implementation of an Individualized Family Service Plan, individual complaints
pertaining to the child, and any other relevant information regarding their child and family, unless
restricted under authority of applicable state law governing such matters of guardianship,
separation, or divorce.
C
obtain copies of records related to evaluation, assessment, eligibility determination,
development and implementation of an Individualized Family Service Plan, individual complaints
pertaining to the child, and any other relevant information regarding their child and family, unless
restricted under authority of applicable state law governing such matters of guardianship,
separation, or divorce.
C.
Administrative unit means, as defined in section 26.5-3-402(1), C.R.S., a school district, a board
of cooperative services, a charter school network, a charter school collaborative, or the State
Charter School Institute that is providing educational services to exceptional children and that is
responsible for the local administration of the education of exceptional children pursuant to article
20 of title 22.
D.
Assessment means the ongoing procedures used throughout the period of a child’s eligibility for
early intervention services to identify:
1.
The unique strengths and needs of the child and the early intervention services
appropriate to meet those needs; and
Code of Colorado Regulations
Secretary of State
State of Colorado
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
2
2.
The resources, priorities, and concerns of a parent or guardian and the supports needed
to enhance the capacity of a parent or guardian or other caregiver to meet the
developmental needs of the eligible child within everyday routines, activities, and places.
E.
Atypical Development means development or behaviors that fall within the expected range of
development in one or more of the five (5) domains referenced in Rule 5.111(G)(6)(c), and
emerge in a way that is significantly different from same age peers. They are not attributable to
culture or personality and are different in quality, form, and function
hin everyday routines, activities, and places.
E.
Atypical Development means development or behaviors that fall within the expected range of
development in one or more of the five (5) domains referenced in Rule 5.111(G)(6)(c), and
emerge in a way that is significantly different from same age peers. They are not attributable to
culture or personality and are different in quality, form, and function. This can be determined
through informed opinion of delay, even when evaluation tools do not establish a twenty-five
percent (25%) delay in two (2) or more domains or a thirty-three percent (33%) delay in one (1)
domain.
F.
Certified Early Intervention Service Broker means as defined in section 26.5-3-402(3), C.R.S.
G.
Child Abuse Prevention and Treatment Act (CAPTA) means the CAPTA state grant program at
42 U.S.C. Section 5106A that provides states with flexible funds to improve their child protective
service systems. Last reauthorized by the CAPTA Reauthorization Act of 2010, the program
requires states to provide assurances in their five (5) year child and family services plan that the
state is operating a statewide child abuse and neglect program. This program includes policies
and procedures that address the needs of drug-exposed infants and provisions for referral of
children under age three (3) who are involved in a substantiated case of abuse and neglect to
early intervention services under Part C.
H.
Child Find means as defined in section 26.5-3-402(4)(a), C.R.S. Part C child find, which is the
program component of IDEA that requires states to find, identify, locate, evaluate, and serve
children with disabilities, from birth through two years of age.
I.
Child Find program means the multidisciplinary team within an administrative unit that conducts
screening and/or evaluation activities for young children.
J.
Children experiencing homelessness means children who lack a fixed, regular, and adequate
nighttime residence, in accordance with the McKinney-Vento Homeless Assistance Act, as
defined in 42 U.S.C
ties, from birth through two years of age.
I.
Child Find program means the multidisciplinary team within an administrative unit that conducts
screening and/or evaluation activities for young children.
J.
Children experiencing homelessness means children who lack a fixed, regular, and adequate
nighttime residence, in accordance with the McKinney-Vento Homeless Assistance Act, as
defined in 42 U.S.C. Section 11434a(2)(A) and Rule 5.104(A)(4).
K.
Coaching means a relationship-based strategy used by trained personnel with a family member,
other caregiver, or another provider to support what is already working to help a child develop
and to increase their knowledge and use of new ideas to achieve child or family outcomes.
L.
Consent means that the parent or guardian has been fully informed of all information relevant to
the activity for which consent is sought in the parent or guardian’s native language and the parent
or guardian understands and agrees in writing to the carrying out of the activity.
M.
Co-payment means a specified dollar amount that an insured person must pay for covered health
care services. The insured person pays this amount to the provider at the time of service.
N.
Criteria means the standards on which a judgment or decision may be based.
O.
Days means calendar days unless otherwise indicated.
P.
Deductible means the amount that must be paid out-of-pocket before a health insurance
company pays its share.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
he insured person pays this amount to the provider at the time of service.
N.
Criteria means the standards on which a judgment or decision may be based.
O.
Days means calendar days unless otherwise indicated.
P.
Deductible means the amount that must be paid out-of-pocket before a health insurance
company pays its share.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
3
Q.
Developmental delay when referenced in these regulations, means a significant delay, defined as
the equivalence of a twenty-five percent (25%) delay in two (2) or more domains, or a thirty-three
percent (33%) or greater delay in one (1) or more of the five (5) domains of development as
defined in Rule 5.111(G)(6)(c), when compared with chronological age; or, presence of atypical
development, as defined in Rule 5.103.
R.
Developmental disability means as defined in section 25.5-10-202(26)(a), C.R.S.
S.
Due process procedures means formal procedures used to resolve a dispute involving an
individual child or parent or guardian related to any matter described in 34 C.F.R. Section
303.435-438, which are incorporated by reference in Rule 5.104(A)(5).
T.
Duration means the specific and measurable period of time a service is provided, specifying the
start and end dates.
U.
Early Intervention early start program means a program separate from early intervention services
provided in accordance with Part C that, if the department determines appropriations are
adequate, may provide services to children who meet the definition of risk factor and do not meet
eligibility criteria as defined in Rule 5.111(C).
V.
Early Head Start means a program funded under the Head Start Act, pursuant to 42 U.S.C.
Section 9801, et. seq., and carried out by a local agency or grantee that provides ongoing
comprehensive child development services for pregnant women, infants, toddlers, and their
families.
W
to children who meet the definition of risk factor and do not meet
eligibility criteria as defined in Rule 5.111(C).
V.
Early Head Start means a program funded under the Head Start Act, pursuant to 42 U.S.C.
Section 9801, et. seq., and carried out by a local agency or grantee that provides ongoing
comprehensive child development services for pregnant women, infants, toddlers, and their
families.
W.
Early Intervention Provider Database means the state database located at www.eicolorado.org
that contains information, and Certified Early Intervention Service Broker affiliation, about all early
intervention providers, including personnel qualifications.
X.
Established condition for an infant or toddler means a diagnosed physical or mental condition that
has a high probability of resulting in significant delays in development and is listed in the
Established Conditions Database.
Y.
Established Conditions Database means the state database located at www.eicolorado.org that
includes the state-approved list of established conditions.
Z.
Evaluation for early intervention services means the procedures used to determine initial and
continuing eligibility. Evaluation includes administration of an evaluation tool(s), observation of the
child, parent or guardian report, and a review of pertinent medical records.
AA.
Everyday routines, activities and places means routines that are customarily part of a family’s
typical day including, but not limited to: meal time; bath time; shopping; play time; outdoor play;
activities a family does with its infant or toddler on a regular basis; and, places where the family
participates on a regular basis, such as, but not limited to: home, place of worship, store, and
child care.
BB.
Evidence-based practices mean practices that integrate research that has demonstrated efficacy
and with consideration of the situation, goals, and values of the child, family, and professionals.
CC
a family does with its infant or toddler on a regular basis; and, places where the family
participates on a regular basis, such as, but not limited to: home, place of worship, store, and
child care.
BB.
Evidence-based practices mean practices that integrate research that has demonstrated efficacy
and with consideration of the situation, goals, and values of the child, family, and professionals.
CC.
Evidence-informed strategies mean methods that use nationally-recognized recommended
practices to inform the effective delivery of early intervention services.
DD.
Family assessment means a process using a department-approved assessment tool and parent
or guardian interview prior to the development of an initial Individualized Family Service Plan.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
4
EE.
Family Educational Rights and Privacy Act (FERPA) means the federal law that protects the
privacy of students’ education records under 20 U.S.C. Section 1232g and 34 C.F.R. Part 99,
which is incorporated by reference in Rule 5.104(A)(5). FERPA requirements apply to educational
agencies and institutions that receive funds under any program administered by the United States
Department of Education.
FF.
Frequency means how often an early intervention service is provided.
GG.
Guardian means a person appointed by the court or named in a will and charged with limited,
temporary, or full guardian's power and duties.
HH.
Individuals with Disabilities Education Act (IDEA) means as defined in section 26.5-3-402(13),
C.R.S.
II.
Individualized Family Service Plan (IFSP) means a written plan for providing early intervention
services to eligible children and their families, in accordance with 34 C.F.R. Section 303.340, et
seq., which is incorporated by reference in Rule 5.104(A)(5).
JJ
l guardian's power and duties.
HH.
Individuals with Disabilities Education Act (IDEA) means as defined in section 26.5-3-402(13),
C.R.S.
II.
Individualized Family Service Plan (IFSP) means a written plan for providing early intervention
services to eligible children and their families, in accordance with 34 C.F.R. Section 303.340, et
seq., which is incorporated by reference in Rule 5.104(A)(5).
JJ.
Informed opinion of delay means the knowledgeable opinion of the evaluation team who use
professional expertise and experience to determine the presence of a significant delay in one or
more of the five (5) domains of development referenced in Rule 5.111(G)(6)(c). Informed opinion
of delay may be used as an independent basis to establish a child’s eligibility and may be
especially useful in situations where a clear developmental level cannot be gained through the
typical evaluation process.
KK.
Initial assessment means the assessment of the child and family conducted before a child’s first
IFSP meeting.
LL.
Intensity means the length of time that a service is provided each session.
MM.
Method means how an early intervention service is provided. The type of method may be one of
the following:
1.
Individual service provided to a child and family;
2.
Co-visit during which services are provided by two professionals during a session;
3.
Teaming through regularly scheduled meetings as the formal time for provider-to-provider
information sharing and support to develop strategies designed to build the capacity of
parents or guardians and other caregivers to meet child and family outcomes;
4.
Supervision by a qualified provider who oversees the work of a student or
paraprofessional through observation and guidance, including direction and evaluation of
the activities performed by the supervisee; or
5.
Telehealth.
NN.
Model means one of the following constructs in which a child and family’s early intervention
services shall be provided:
1.
Primary service provider;
2.
Multidisciplinary service providers;
3.
Single provider; or
versees the work of a student or
paraprofessional through observation and guidance, including direction and evaluation of
the activities performed by the supervisee; or
5.
Telehealth.
NN.
Model means one of the following constructs in which a child and family’s early intervention
services shall be provided:
1.
Primary service provider;
2.
Multidisciplinary service providers;
3.
Single provider; or
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
5
4.
Other model approved by the state.
OO.
Multidisciplinary evaluation team means a group that is made up of two (2) or more qualified
personnel who have different training and experience.
PP.
Multidisciplinary Service Providers Model means a model in which two (2) or more qualified
providers who have different training and experience provide ongoing services as identified in an
IFSP. In this model the providers work independently of each other with minimal interaction with
other team members, and perform interventions separately from others while working on
discipline-specific goals.
QQ.
Native language means:
1.
When used with respect to an individual who has limited English proficiency:
a.
The language normally used by that individual, or, in the case of a child, the
language normally used by the parents or guardians of the child, except as
provided below in subsection 2; and
b.
For evaluations and assessments conducted pursuant to Rules 5.111(G)-(H), the
language normally used by the child, if determined developmentally appropriate
for the child by qualified personnel conducting the evaluation and assessment.
2.
When used with respect to an individual who is deaf or hard of hearing, blind or visually
impaired, or for an individual with no written language:
a.
The mode of communication that is normally used by the individual, such as sign
language, Braille, or oral communication.
RR
, if determined developmentally appropriate
for the child by qualified personnel conducting the evaluation and assessment.
2.
When used with respect to an individual who is deaf or hard of hearing, blind or visually
impaired, or for an individual with no written language:
a.
The mode of communication that is normally used by the individual, such as sign
language, Braille, or oral communication.
RR.
Natural environments means the day-to-day routines, activities, and places that promote learning
opportunities for an individual child and family, in settings such as the family’s home and
community that are natural or typical for the child’s peer who has no disabilities.
SS.
Neglect means an act or failure to act by a person who is responsible for another's well-being so
that inadequate food, clothing, shelter, psychological care, physical care, medical care, or
supervision is provided. This may include, but is not limited to, denial of meals, medication,
habilitation, or other treatment necessities.
TT.
Parent within early intervention services, means:
1.
The biological or adoptive parent;
2.
A guardian in a parental relation to the child authorized to act as the child’s parent or
authorized to make early intervention, educational, health or developmental decisions,
but not the State if the child is under the jurisdiction of a court;
3.
A foster parent;
4.
An individual acting in the place of a biological or adoptive parent, including a
grandparent, stepparent, or other relative with whom the child lives, or an individual who
is legally responsible for the child’s welfare; or
5.
A surrogate parent who has been appointed in accordance with 34 CFR Section 303.422,
incorporated by reference in Rule 5.104(A)(5).
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
a biological or adoptive parent, including a
grandparent, stepparent, or other relative with whom the child lives, or an individual who
is legally responsible for the child’s welfare; or
5.
A surrogate parent who has been appointed in accordance with 34 CFR Section 303.422,
incorporated by reference in Rule 5.104(A)(5).
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
6
UU.
Part C means Part C of the IDEA that addresses infants and toddlers, birth through two (2) years
of age, with developmental delays or disabilities, or physical or mental conditions with a high
probability of resulting in significant delays in development, in accordance with 34 C.F.R. Part
303, which is incorporated by reference in Rule 5.104(A)(5).
VV.
Participating agency means, as used in early intervention services, any individual, agency,
program, or entity that collects, maintains, or uses personally identifiable information to implement
the requirements and regulations of Part C with respect to a particular child.
1.
This includes:
a.
The Colorado Department of Early Childhood;
b.
The Colorado Department of Human Services;
c.
Certified Early Intervention Service Brokers; and
d.
Any individual or entity that provides any Part C services, including service
coordination, evaluations and assessments, and other Part C services.
2.
This does not include:
a.
Primary referral sources; or
b.
Public agencies, such as the Medicaid program, private entities, or private health
insurance carriers, that act solely as funding sources for early intervention
services.
WW.
Personally Identifiable Information (PII) as used in early intervention services means, but is not
limited to:
1.
The infant or toddler’s name;
2.
The name of the infant or toddler’s parent or guardian or other family member;
3.
The address of the infant or toddler, or their family;
4.
A personal identifier, such as a Social Security Number or other biometric record;
5
y intervention
services.
WW.
Personally Identifiable Information (PII) as used in early intervention services means, but is not
limited to:
1.
The infant or toddler’s name;
2.
The name of the infant or toddler’s parent or guardian or other family member;
3.
The address of the infant or toddler, or their family;
4.
A personal identifier, such as a Social Security Number or other biometric record;
5.
Other indirect identifiers such as the child’s date of birth, place of birth, or mother’s
maiden name;
6.
Other information that, alone or in combination, may be used to identify a specific infant
or toddler; or
7.
Information about a child whose identity is believed to be known by the requester of that
information.
XX.
Physician means a person licensed to practice medicine under section 12-240-101, C.R.S., et
seq., the Colorado Medical Practice Act.
YY.
Post-referral screening means the early intervention activities that take place after a child is
referred to the Early Intervention Program to identify infants and toddlers who need more
intensive evaluation and assessment to determine eligibility due to a developmental delay.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
7
ZZ.
Primary Service Provider Model means a model of service delivery that utilizes one main qualified
provider from any discipline that is the best fit to address the child and family outcomes as
identified in an IFSP. Other team members support the primary service provider through teaming
and may provide co-visits under this model.
AAA.
Prior written notice for early intervention services means written notice that is given to parents or
guardians a reasonable time before the Early Intervention Colorado Program or a Certified Early
Intervention Service Broker proposes or refuses to initiate or change the identification, evaluation,
or placement of the infant or toddler, or the provision of appropriate early intervention services to
the child and family.
BBB
rly intervention services means written notice that is given to parents or
guardians a reasonable time before the Early Intervention Colorado Program or a Certified Early
Intervention Service Broker proposes or refuses to initiate or change the identification, evaluation,
or placement of the infant or toddler, or the provision of appropriate early intervention services to
the child and family.
BBB.
Qualified personnel means personnel who have met the state-approved or recognized
certification, licensing, registration, or other comparable requirements, to provide evaluations,
assessments, or early intervention services.
CCC.
Referral for early intervention services means a verbal or written notification from a referral
source to the Early Intervention Colorado Program referral line or a Certified Early Intervention
Service Broker for the provision of information regarding an infant or toddler, birth through two (2)
years of age, to identify those in need of early intervention services.
DDD.
Risk factor means if sufficient appropriations are available, a 25% delay in one domain, or other
factors determined by the department to have research that supports the potential for impact on
development at a later age such as, but not limited to, a substantiated case of abuse or neglect,
neonatal abstinence syndrome (NAS), fetal alcohol spectrum disorders (FASD), lead poisoning,
global developmental delays, and perinatal mood and anxiety disorders.
EEE.
Service coordination means the activities carried out by a service coordinator to assist and enable
a child eligible for early intervention services, and the child’s family, to receive the rights,
procedural safeguards, and services that are authorized to be provided under Rule 5.104, et. seq.
FFF.
Single Provider Model means a model of early intervention service provision in which one
provider is utilized to meet the child and family’s needs as identified in an IFSP.
GGG
or to assist and enable
a child eligible for early intervention services, and the child’s family, to receive the rights,
procedural safeguards, and services that are authorized to be provided under Rule 5.104, et. seq.
FFF.
Single Provider Model means a model of early intervention service provision in which one
provider is utilized to meet the child and family’s needs as identified in an IFSP.
GGG. State complaint procedures means actions taken by the Department to resolve a complaint
lodged by an individual or organization regarding any agency or local service provider
participating in the delivery of early intervention services that is violating a state or federal
requirement.
HHH.
Surrogate parent means an individual appointed by the local Early Intervention Services Program
to act in the place of a parent in safeguarding an infant or toddler’s rights in the decision-making
process regarding screening, evaluation, assessment, development of the IFSP, delivery of early
intervention services and transition planning.
III.
Targeted case management services means those case management services which are
provided as a Medicaid benefit for a specific target group of Medicaid recipients who have a
developmental disability and meet the program eligibility criteria identified in the Medical
Assistance rules at 10 CCR 2505-10 Section 8.761.2 (May 30, 2020) published by the Colorado
Department of Health Care Policy and Financing. These Department of Health Care Policy and
Financing Rules are herein incorporated by reference and do not include any later amendments
or editions of these rules. These rules are available for public inspection at the Colorado
Department of Early Childhood, Office of Program Delivery, 710 S. Ash St., Denver, CO 80246 or
at www.sos.state.co.us. Copies of these rules are available for reasonable cost during normal
business hours at the Colorado Department of Early Childhood, Office of Program Delivery, 710
S
de any later amendments
or editions of these rules. These rules are available for public inspection at the Colorado
Department of Early Childhood, Office of Program Delivery, 710 S. Ash St., Denver, CO 80246 or
at www.sos.state.co.us. Copies of these rules are available for reasonable cost during normal
business hours at the Colorado Department of Early Childhood, Office of Program Delivery, 710
S. Ash St., Denver, CO 80246 or the Colorado Department of Health Care Policy and Financing,
1570 Grant St., Denver, CO 80203.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
8
JJJ.
Telehealth means a method of service provision that utilizes secure interactive videoconferencing
to deliver early intervention services.
KKK.
Waiver Services means those optional Medicaid services defined in the current federally-
approved Home and Community Based Services (HCBS) waiver document and do not include
Medicaid State Plan services.
5.104
EARLY INTERVENTION PROGRAM
This rule is promulgated pursuant to section 26.5-3-403, C.R.S.
The Early Intervention Program shall provide services for an infant or toddler, birth through two (2) years
of age, with a developmental delay or disability, and their family through a statewide, comprehensive,
coordinated, multidisciplinary, interagency system of early intervention services.
A.
The Early Intervention Program shall provide services consistent with the following requirements:
1.
Sections 26.5-3-401 through 26.5-3-410 of the Colorado Revised Statutes (C.R.S.);
2.
Sections 10-16-102(46) and 10-16-104(1.3), C.R.S.;
3.
Section 22-20-103, C.R.S.;
4.
The following portions of the United States Code (U.S.C.), as amended:
a.
20 U.S.C. Section 1232g, (the Family Education Rights and Privacy Act
(FERPA);
b.
The Individuals with Disabilities Education Act of 2004 (IDEA);
c.
42 U.S.C. Section 1320, (the Public Health Service Act);
d.
42 U.S.C. Section 9801 (the Head Start Act);
e.
42 U.S.C. Section 11431 (McKinney-Vento Homeless Assistance Act); and
f
e following portions of the United States Code (U.S.C.), as amended:
a.
20 U.S.C. Section 1232g, (the Family Education Rights and Privacy Act
(FERPA);
b.
The Individuals with Disabilities Education Act of 2004 (IDEA);
c.
42 U.S.C. Section 1320, (the Public Health Service Act);
d.
42 U.S.C. Section 9801 (the Head Start Act);
e.
42 U.S.C. Section 11431 (McKinney-Vento Homeless Assistance Act); and
f.
The General Education Provisions Act (GEPA) at 20 U.S.C. Sections 1221
through 1234 applies to applicants for new grant awards under the federal
Department of Education.
5.
34 C.F.R. Parts 99 and 303 (2022), which are incorporated herein by reference; no later
amendments or editions are incorporated. These regulations are available for public inspection at
the Colorado Department of Early Childhood, Office of Program Delivery, 710 S. Ash St., Denver,
CO 80246 or at www.ecfr.gov. Copies of these regulations are available for reasonable cost
during normal business hours at the U.S. Department of Education, Office of Special Education
and Rehabilitation Services, 400 Maryland Avenue SW, Washington, D.C. 20202; and
6.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule, located at
45 C.F.R. Parts 160, 162, and 164 (2019), herein incorporated by reference; no later
amendments or editions are incorporated by reference. These regulations are available for public
inspection at the Colorado Department of Early Childhood, Office of Program Delivery, 710 S.
Ash St., Denver, CO 80246 or at www.ecfr.gov. Copies of these regulations are available for
reasonable cost during normal business hours at the U.S. Department of Health and Human
Services, 200 Independence Avenue, SW, Washington, D.C. 20201.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
the Colorado Department of Early Childhood, Office of Program Delivery, 710 S.
Ash St., Denver, CO 80246 or at www.ecfr.gov. Copies of these regulations are available for
reasonable cost during normal business hours at the U.S. Department of Health and Human
Services, 200 Independence Avenue, SW, Washington, D.C. 20201.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
9
B.
The Early Intervention Program shall design services to meet the developmental needs of an
eligible infant or toddler and the needs of their family related to functional outcomes to enhance
the child’s development in the domains of adaptive development, cognitive development,
communication development, physical development (including vision and hearing), and social and
emotional development.
C.
Based on the unique needs of each child, early intervention services shall be delivered through a
combination of individualized intervention methods and strategies designed to:
1.
Enhance the capacity of a parent or guardian or other caregiver to support a child’s well-
being, development, and learning;
2.
Support full participation of a child in their community; and
3.
Meet a child’s developmental needs within the context of the concerns and priorities of
their family.
D.
All available resources that pay for early intervention services shall be identified and coordinated,
including, but not limited to, federal, state, local, and private sources.
E.
A system for the resolution of intra- and inter-agency disputes shall be used.
F.
Formal interagency operating agreements, as needed, shall be developed to facilitate the
development and implementation of a statewide, comprehensive, coordinated, multidisciplinary,
interagency system of early intervention services.
G.
A statewide system for compiling data on the early intervention services shall be used to comply
with state and federal reporting requirements.
5.105
SYSTEM COORDINATION
This rule is promulgated pursuant to section 26.5-3-403, C.R.S.
A
o facilitate the
development and implementation of a statewide, comprehensive, coordinated, multidisciplinary,
interagency system of early intervention services.
G.
A statewide system for compiling data on the early intervention services shall be used to comply
with state and federal reporting requirements.
5.105
SYSTEM COORDINATION
This rule is promulgated pursuant to section 26.5-3-403, C.R.S.
A.
Local Interagency Coordinating Council
1.
Each Certified Early Intervention Service Broker shall have a Local Interagency
Coordinating Council that meets at least quarterly to assure that federal, state, local, and
private resources are well-coordinated in local communities to assist families to meet the
needs of their infants or toddlers with developmental delays or disabilities.
2.
Membership of a Local Interagency Coordinating Council shall include, at a minimum:
a.
At least one (1) member who is a parent or guardian with a child twelve (12)
years of age or younger and at least one (1) member who is a parent or guardian
of a child six (6) years of age or younger, both of whom have knowledge of, or
experience with, early intervention services;
b.
A representative of an administrative unit;
c.
A representative of a county department of public health;
d.
A representative of a county department of social/human services;
e.
Members who are public or private providers of early intervention services; and,
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
owledge of, or
experience with, early intervention services;
b.
A representative of an administrative unit;
c.
A representative of a county department of public health;
d.
A representative of a county department of social/human services;
e.
Members who are public or private providers of early intervention services; and,
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
10
f.
Other members of the community at large who are interested in early intervention
services or involved in the provision of, or payment for, early intervention
services.
3.
The purpose of a Local Interagency Coordinating Council is to advise a Certified Early
Intervention Service Broker regarding:
a.
The planning, delivery, and evaluation of early intervention services, including
methods to identify and correct gaps in services;
b.
The coordination of services and funding resources; and,
c.
The collection and use of child and family outcomes and program data to inform
early intervention policies and practices within the designated service area.
B.
Interagency Operating Agreements
1.
Each Certified Early Intervention Service Broker, as defined in Rule 5.103, shall, at a
minimum, establish and maintain the following interagency operating agreements:
a.
Administrative unit agreements that include responsibilities for Child Find and
transition activities, and assisting in the development and implementation of the
statewide plan in accordance with section 26.5-3-404, C.R.S.;
b.
County departments of social/human services agreements that include
responsibilities for referrals under the Child Abuse Prevention and Treatment Act,
for a child who is less than three (3) years of age and involved in a substantiated
case of child abuse or neglect or is identified as affected by illegal substance
abuse, or withdrawal symptoms resulting from prenatal drug exposure;
c
4, C.R.S.;
b.
County departments of social/human services agreements that include
responsibilities for referrals under the Child Abuse Prevention and Treatment Act,
for a child who is less than three (3) years of age and involved in a substantiated
case of child abuse or neglect or is identified as affected by illegal substance
abuse, or withdrawal symptoms resulting from prenatal drug exposure;
c.
Early Head Start Program agreements that include responsibilities for the
coordination of available services and avoidance of duplication of effort for
children enrolled in Early Head Start and early intervention services; and
d.
Other local agency agreements, as needed, that are involved with early
intervention services that specify the responsibilities of each agency.
2.
A Certified Early Intervention Service Broker shall ensure that interagency operating
agreements are signed by parties with the authority to carry out the responsibilities of the
specific agencies or programs and are reviewed annually and updated as needed.
5.106
FISCAL MANAGEMENT
This rule is promulgated pursuant to sections 26.5-3-403, 26.5-3-405, and 26.5-3-406, C.R.S.
A.
A Certified Early Intervention Service Broker, as defined in Rule 5.103 shall:
1.
Only purchase early intervention services from providers that meet the qualifications as
defined by the Department;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
11
2.
Establish and maintain necessary cost accounting systems according to general
accounting principles to properly record, and allocate separately, the revenue and
expenses for federal Part C of the Individuals with Disabilities Education funds, state-
funded early intervention services, Medicaid funds and private health insurance funds
that are billed through the Certified Early Intervention Service Broker, local funds, and
other funds used for the purchase of early intervention services;
3.
Ensure that Part C of the Individuals with Disabilities Education Act funds:
a
federal Part C of the Individuals with Disabilities Education funds, state-
funded early intervention services, Medicaid funds and private health insurance funds
that are billed through the Certified Early Intervention Service Broker, local funds, and
other funds used for the purchase of early intervention services;
3.
Ensure that Part C of the Individuals with Disabilities Education Act funds:
a.
Are used only as payor of last resort;
b.
May be used to reimburse a parent or guardian for copayments and deductibles
for early intervention services documented on their child’s IFSP; and
c.
For purposes of accounting, not commingled with any other funds received.
4.
Track expenditures for each funding source for service coordination, direct services,
management fee, and any other expense line item as defined by the Department; and
5.
Notify the Department of any proposed change of reimbursement rates for any early
intervention service at least fifteen (15) calendar days prior to the use of such rates. All
rates must be computed using the methodology determined by the department.
B.
The maximum reimbursement rate for any early intervention service shall be subject to restriction
by the Department.
5.107
COORDINATED SYSTEM OF PAYMENT
This rule is promulgated pursuant to sections 26.5-3-406, 26.5-3-407, 26.5-3-408, and 26.5-3-409, C.R.S.
A.
Early intervention services are provided to an eligible child and family at no out-of-pocket costs to
a parent or guardian, such that the parent or guardian is not responsible for a sliding fee for
services or payment of deductibles and co-payments for any early intervention service on a
child’s Individualized Family Service Plan, but is responsible for payment of insurance premiums
when:
1.
Private or public health insurance is used to pay for early intervention services;
2.
Medicaid or Child Health Plan Plus is used to pay for early intervention services; or
3.
Use of private health insurance is required prior to the use of public insurance or benefits.
B
tervention service on a
child’s Individualized Family Service Plan, but is responsible for payment of insurance premiums
when:
1.
Private or public health insurance is used to pay for early intervention services;
2.
Medicaid or Child Health Plan Plus is used to pay for early intervention services; or
3.
Use of private health insurance is required prior to the use of public insurance or benefits.
B.
The Certified Early Intervention Service Broker shall ensure:
1.
That the availability of public or private health insurance to pay for services shall not
result in the delay or denial of early intervention services to a child or a child’s family;
2.
No early intervention service documented in an Individualized Family Service Plan shall
be delayed or denied because of a dispute between agencies regarding financial or other
responsibilities required under 34 C.F.R. Section 303.510, which is incorporated by
reference in Rule 5.104(A)(5);
3.
All early intervention services on a child’s Individualized Family Service Plan shall be
made available to the child and family whether consent to use insurance or Medicaid is
required or provided; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
12
4.
Each parent or guardian of a child receiving early intervention services shall be provided
with the written policies that inform the parent or guardian of rights to mediation, due
process, and the state complaint process under Rule 5.120, if the parent or guardian is
charged for an early intervention service by a provider when the parent or guardian
should not be.
C.
Funding Hierarchy
1.
The following order of funding sources shall be used when an Individualized Family
Service Plan team determines the appropriate funding source(s) to pay for needed early
intervention services and, where required, parental consent is provided to use the
available funding source:
a.
Use of private pay at the discretion of the parent or guardian; then,
b.
Private health insurance; then,
c
ierarchy
1.
The following order of funding sources shall be used when an Individualized Family
Service Plan team determines the appropriate funding source(s) to pay for needed early
intervention services and, where required, parental consent is provided to use the
available funding source:
a.
Use of private pay at the discretion of the parent or guardian; then,
b.
Private health insurance; then,
c.
TRICARE, a military health system; then,
d.
Medicaid/Title XIX or Home and Community Based Services waivers, and Child
Health Plan Plus; then,
e.
Child Welfare and Temporary Assistance to Needy Families; then,
f.
Other local, state, or federal funds, including mill levy funds, as may be made
available; then,
g.
State General Fund early intervention services; then,
h.
Federal Part C of the Individuals with Disabilities Education Act funds.
2.
Implementation of the funding hierarchy shall be in accordance with 34 C.F.R. Section
303.520, which is incorporated by reference in Rule 5.104(A)(5).
3.
State and federal funds may be used in combination with other funding sources as
necessary and appropriate, and within state and federal defined parameters, to ensure
the provision of early intervention services.
4.
Private health insurance, with written parental consent, shall be accessed prior to
accessing public benefits or insurance.
5.
The appropriate Medicaid billing codes for early intervention services shall be used for
any service on an Individualized Family Service Plan that has Medicaid as the funding
source and the early intervention services provider bills Medicaid.
D.
To use public health insurance or benefits, the Certified Early Intervention Service Broker shall:
1.
Provide written notification of the intent to use public benefits or insurance for payment of
early intervention services to a parent or guardian or child who has public health
insurance or benefits;
2.
Obtain written parental consent to disclose a child’s personally identifiable information to
the public insurance agency for billing purposes;
Certified Early Intervention Service Broker shall:
1.
Provide written notification of the intent to use public benefits or insurance for payment of
early intervention services to a parent or guardian or child who has public health
insurance or benefits;
2.
Obtain written parental consent to disclose a child’s personally identifiable information to
the public insurance agency for billing purposes;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
13
3.
Not require a parent or guardian to enroll him or herself or the parent or guardian’s infant
or toddler in a public benefits or insurance program as a condition of receiving early
intervention services;
4.
Obtain written parental consent prior to using the public benefits or insurance of a child or
parent or guardian if that child or parent or guardian is not already enrolled in such a
program; and
5.
Obtain written parental consent to use a child or parent or guardian’s public benefits or
insurance to pay for early intervention services if that use would result in:
a.
A decrease in the available lifetime coverage or any other insured benefit for a
child or parent or guardian;
b.
Payment for services that would otherwise be covered by the public benefits or
insurance program;
c.
Increases in premiums or discontinuation of public benefits or insurance for that
child or parent or guardian as a result of such use; or
d.
A risk of loss of eligibility for the child or parent or guardian for Medicaid Home
and Community- Based waivers based on aggregate health expenses.
E.
To use private health insurance, the Certified Early Intervention Service Broker shall:
1.
Provide prior written notice of the intent to use the private health insurance for payment of
early intervention services to a parent or guardian who has or whose child has private
health insurance or benefits.
2.
Obtain written parental consent:
a
munity- Based waivers based on aggregate health expenses.
E.
To use private health insurance, the Certified Early Intervention Service Broker shall:
1.
Provide prior written notice of the intent to use the private health insurance for payment of
early intervention services to a parent or guardian who has or whose child has private
health insurance or benefits.
2.
Obtain written parental consent:
a.
To disclose a child’s personally identifiable information to the private health
insurance company for billing purposes, including the use of private health
insurance when such use is a prerequisite for the use of public insurance or
benefits; and
b.
For a child whose private health coverage plan is not covered under section 10-
16-104(1.3), C.R.S., at the initiation of billing for early intervention services and
any time there is an increase in frequency, duration, or intensity of a service on
the child’s Individualized Family Service Plan.
3.
Provide the written coordinated system of payment and procedural safeguard policies
each time consent is required that informs the parent or guardian there are no out-of-
pocket costs associated with the use of private health insurance, except for:
a.
Premiums which are the responsibility of the parent or guardian; and
b.
For any child who has a private health coverage plan not covered under section
10-16-104(1.3), C.R.S., when there may be long-term costs such as the loss of
benefits for the child or family because of annual or lifetime health coverage caps
under the insurance policy.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
the responsibility of the parent or guardian; and
b.
For any child who has a private health coverage plan not covered under section
10-16-104(1.3), C.R.S., when there may be long-term costs such as the loss of
benefits for the child or family because of annual or lifetime health coverage caps
under the insurance policy.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
14
F.
Payment from Early Intervention Services Trust Qualified Private Health Insurance Carriers
1.
Subject to section 10-16-104(1.3), C.R.S., qualified private health insurance carriers who
are required to cover early intervention services for an eligible dependent child shall
provide early intervention services. Non-emergency medical transportation and assistive
technology, as defined in Rule 5.114(B)(1), shall be excluded, unless assistive
technology is covered under an applicable insurance policy or service or indemnity
contract as durable medical equipment benefit provisions.
2.
Coverage required by private health insurance carriers shall be available annually to an
eligible infant or toddler from birth up to the third (3rd) birthday. As of January 1, 2013,
the maximum annual benefit payable for early intervention services and service
coordination for each dependent infant or toddler, per benefit plan year, shall be limited
as required by sections 10-16-104(1.3) and 26.5-3-409, C.R.S.
a.
For policies or contracts issued or renewed on or after January 1, 2015, and on
or after each January 1 thereafter, the limit shall be adjusted by the Department.
This adjustment is based upon the consumer price index for the Denver –
Boulder - Greeley metropolitan statistical area for the State Fiscal Year which
ends in the preceding calendar year or by such additional amount to be equal to
the increase by the General Assembly to the annual appropriated rate
1, 2015, and on
or after each January 1 thereafter, the limit shall be adjusted by the Department.
This adjustment is based upon the consumer price index for the Denver –
Boulder - Greeley metropolitan statistical area for the State Fiscal Year which
ends in the preceding calendar year or by such additional amount to be equal to
the increase by the General Assembly to the annual appropriated rate. This rate
is based on service to one (1) child for one (1) fiscal year in the state-funded
Early Intervention Program if that increase is more than the consumer price index
increase.
b.
The limit on the annual amount of coverage for early intervention services shall
not apply to:
(1)
Rehabilitation or therapeutic services that are necessary as the result of
an acute medical condition or post-surgical rehabilitation;
(2)
Services provided to a child who is participating in early intervention
services that are not provided pursuant to an Individualized Family
Service Plan; however, such services shall be covered at the level
specified in section 10-16-104(1.3), C.R.S.; or
(3)
Assistive technology that is covered by the policy’s durable medical
equipment benefit provisions.
3.
Any benefits paid under the coverage required by section 10-16-104(1.3), C.R.S., shall
not be applied to an annual or lifetime maximum benefit contained in the policy or
contract, except as provided for high deductible plans in section 10-16-104(1.3)(d),
C.R.S.
4.
A qualified early intervention services provider that receives reimbursement for services
funded by the trust fund shall accept such reimbursement as payment in full for services
under section 10-16-104(1.3), C.R.S., and shall not seek additional reimbursement from
either the eligible infant or toddler’s family or the carrier.
5
ded for high deductible plans in section 10-16-104(1.3)(d),
C.R.S.
4.
A qualified early intervention services provider that receives reimbursement for services
funded by the trust fund shall accept such reimbursement as payment in full for services
under section 10-16-104(1.3), C.R.S., and shall not seek additional reimbursement from
either the eligible infant or toddler’s family or the carrier.
5.
If funds deposited into the trust are fully expended prior to the end of the insurance plan
year, the Certified Early Intervention Service Broker, as defined in Rule 5.103, shall
coordinate with the Department to ensure that services continue as designated in the
Individualized Family Service Plan. At the beginning of the new plan year, the private
health insurance carrier shall be required to deposit additional funds into the Early
Intervention Services Trust as established by Rule 5.107(G)(1).
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
15
6.
Private health insurance carriers shall be notified within ninety (90) calendar days if an
infant or toddler is no longer eligible for early intervention services.
G.
Use of Early Intervention Services Trust
1.
A trust fund shall be established in accordance with section 26.5-3-409, C.R.S. for the
purpose of accepting deposits from a participating public health insurance or benefits
program, or from the required private health insurance carriers for early intervention
services provided to infants and toddlers under a participating insurance plan.
2.
Funds deposited in the trust fund shall be only utilized on behalf of each infant and
toddler for whom funds have been placed into the trust fund for the following:
a.
Early intervention services, with the exclusion of assistive technology services
and transportation, as described in Rule 5.114(B);
b.
Monthly case management (service coordination) fee as determined by the
Department;
c.
Monthly Certified Early Intervention Service Broker fee as defined by the
Department; and
d
and
toddler for whom funds have been placed into the trust fund for the following:
a.
Early intervention services, with the exclusion of assistive technology services
and transportation, as described in Rule 5.114(B);
b.
Monthly case management (service coordination) fee as determined by the
Department;
c.
Monthly Certified Early Intervention Service Broker fee as defined by the
Department; and
d.
Monthly fee to administer the Early Intervention Services Trust to each child
covered by a qualifying plan as determined by the Department.
3.
Upon exit from early intervention services or discontinuation of coverage by the private
health insurance carrier, a private health insurance carrier shall be notified of monies
deposited in the Early Intervention Services Trust on behalf of an eligible dependent
infant or toddler that are not expended and the funds shall be returned within ninety (90)
calendar days.
4.
No later than April 1 of each year, private health insurance carriers shall be provided with
a report specifying the amount of benefits paid to each Certified Early Intervention
Service Broker for services provided to eligible infants or toddlers during the prior
calendar year.
5.108
CERTIFIED EARLY INTERVENTION SERVICE BROKERS
This rule is promulgated pursuant to section 26.5-3-408, C.R.S.
A.
Designation of Roles and Responsibilities
1.
One entity per designated service area shall be designated in writing by the Department
as the Certified Early Intervention Service Broker for that region and shall provide early
intervention services and service coordination to any eligible child who resides in that
region.
2.
A Community Centered Board or other interested agency shall submit a Department
approved application for designation as a Certified Early Intervention Service Broker.
3.
Designation as a Certified Early Intervention Service Broker shall be based on the
following criteria:
a.
Agency background and expertise in early intervention services;
ination to any eligible child who resides in that
region.
2.
A Community Centered Board or other interested agency shall submit a Department
approved application for designation as a Certified Early Intervention Service Broker.
3.
Designation as a Certified Early Intervention Service Broker shall be based on the
following criteria:
a.
Agency background and expertise in early intervention services;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
16
b.
Agency policies and procedures that ensure accurate data entry as required by
the Department;
c.
Demonstrated ability to conform with generally accepted accounting and
contracting practices; and,
d.
Assurance to comply with state and federal laws and regulations regarding early
intervention services as described in Rules 5.100, et. seq.
4.
Failure to maintain ongoing compliance with the above criteria may result in revocation of
designation as a Certified Early Intervention Service Broker.
5.
If the Department determines that a Community Centered Board or other entity does not
meet the criteria to be designated as a Certified Early Intervention Service Broker or is
de-designated as the Certified Early Intervention Service Broker, the Community
Centered Board or other entity may dispute the decision in accordance with provisions of
section 24-4-105, C.R.S.
6.
If a Community Centered Board is unwilling to be the Certified Early Intervention Service
Broker for its service area, or the Community Centered Board does not meet the criteria
established in Rule 5.108(A)(3), then applications from other entities shall be solicited
and accepted and another entity shall be designated as the Certified Early Intervention
Service Broker.
7.
The Department may act as the Early Intervention Service Broker until such time as a
Certified Early Intervention Service Broker can be found.
8.
Upon designation, a Certified Early Intervention Service Broker shall:
a
Rule 5.108(A)(3), then applications from other entities shall be solicited
and accepted and another entity shall be designated as the Certified Early Intervention
Service Broker.
7.
The Department may act as the Early Intervention Service Broker until such time as a
Certified Early Intervention Service Broker can be found.
8.
Upon designation, a Certified Early Intervention Service Broker shall:
a.
Ensure payment for early intervention services is rendered pursuant to an
Individualized Family Service Plan;
b.
Ensure that the funding hierarchy in Rule 5.107(C)(1), is followed;
c.
Ensure that federal funds for early intervention services are utilized as payor of
last resort;
d.
Use procedures and forms as defined by the Department to document the
provision or purchase of early intervention services;
e.
Negotiate, within state and federally-defined parameters and Rule 5.107(B), for
payment of early intervention services;
f.
With written parental consent, notify the appropriate public or private health
insurance plan within ten (10) working days that a covered infant or toddler has
been determined eligible for early intervention services. At a minimum, the
notification shall include:
(1)
The child’s name;
(2)
The child's date of birth;
(3)
The name of the public or private health insurance carrier;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
17
(4)
The policy/group number and subscriber number or Social Security
Number;
(5)
The name of the primary policy holder;
(6)
The customer service telephone number for the insurance carrier;
(7)
The initial Individualized Family Service Plan date; and
th;
(3)
The name of the public or private health insurance carrier;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
17
(4)
The policy/group number and subscriber number or Social Security
Number;
(5)
The name of the primary policy holder;
(6)
The customer service telephone number for the insurance carrier;
(7)
The initial Individualized Family Service Plan date; and
(8)
The contact person and telephone number for the Early Intervention
Service Broker.
g.
Establish a registry of qualified early intervention service providers who have
active records in the Early Intervention Provider Database from which early
intervention services for eligible infants and toddlers in the designated service
area shall be purchased;
h.
Accept and process insurance claims in accordance with state and federal law
for those families with health insurance coverage for early intervention services;
i.
Ensure that all required demographic and billing information is entered into the
early intervention statewide data system for each child who is eligible for early
intervention services, as defined in Rule 5.111(D);
j.
Participate in ongoing reviews of the use of the funding hierarchy; and
k.
Provide the Department with accurate data for reporting purposes for the
legislature or other funding sources.
9.
Certified Early Intervention Service Brokers may provide early intervention services
directly or may subcontract the provision of services to other qualified providers.
10.
Invoices or insurance claims for early intervention services shall be submitted based on
the available funding source for each eligible child and the reimbursement rate for the
appropriate federal, state, local, or private funding sources, including public health
insurance and benefits, and private health insurance.
11.
Reimbursement rates for Early Intervention Service Broker functions shall be established
with input from Certified Early Intervention Service Brokers.
12
tted based on
the available funding source for each eligible child and the reimbursement rate for the
appropriate federal, state, local, or private funding sources, including public health
insurance and benefits, and private health insurance.
11.
Reimbursement rates for Early Intervention Service Broker functions shall be established
with input from Certified Early Intervention Service Brokers.
12.
Use of a Certified Early Intervention Service Broker for billing non-qualifying plans on
behalf of a contractor shall be voluntary. Qualified early intervention service providers
may directly bill the appropriate program of a public health insurance plan or benefits, or
a participating private health insurance carrier, for services rendered, in accordance with
section 10-16-104(1.3), C.R.S.
B.
Purchase of Service Rates
1.
The Certified Early Intervention Service Broker shall adopt and implement sufficient
policies and procedures to ensure:
a.
The qualified provider or employee meets minimum provider qualifications as set
forth in Rule 5.115;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
18
b.
Services are delivered in accordance with Rule 5.114 and as identified in the
Individualized Family Service Plan; and
c.
The qualified provider maintains sufficient documentation to support the claims
submitted.
2.
The process and methodology the Certified Early Intervention Service Broker implements
to determine the rates to be paid to the qualified contracted provider or for services
provided directly by the Certified Early Intervention Service Broker employed providers
shall be based on the usual and customary practices of the local community, be
documented in the policies and procedures of the Certified Early Intervention Service
Broker, and shall be made available to the Department upon request.
3.
The Certified Early Intervention Service Broker is the provider of record for all services for
which it contracts through qualified providers.
4
employed providers
shall be based on the usual and customary practices of the local community, be
documented in the policies and procedures of the Certified Early Intervention Service
Broker, and shall be made available to the Department upon request.
3.
The Certified Early Intervention Service Broker is the provider of record for all services for
which it contracts through qualified providers.
4.
The Certified Early Intervention Service Broker’s purchase of service rates shall comply
with the following:
a.
Rates shall be consistent with efficiency, economy, and quality of care;
b.
The policy and methods used in setting payment rates shall be in writing and
consistently applied to all qualified providers, including the Certified Early
Intervention Service Broker employed providers; and
c.
Documentation of payment rates shall be maintained and kept on file with the
Department.
5.
A qualified provider shall be given sufficient information concerning the service
obligations to assist them in developing cost effective and efficient rate proposals.
6.
The Certified Early Intervention Service Broker shall maintain written documentation for
an audit trail on how rates were established and paid, and provider expenses to support
payments.
7.
When a Certified Early Intervention Service Broker proposes to charge fees to a
contracted service agency for managing the billing process for early intervention direct
services, the following shall be complied with:
a.
The Certified Early Intervention Service Broker shall provide the qualified
provider with a written description for each service provided and the amount of
the proposed fee for each service;
b.
The proposed fee to a qualified provider cannot be established to pay for
services otherwise reimbursed, as determined by the Department;
c.
Any proposed fee by a Certified Early Intervention Service Broker related to
managing the billing process shall meet the following criteria:
provider with a written description for each service provided and the amount of
the proposed fee for each service;
b.
The proposed fee to a qualified provider cannot be established to pay for
services otherwise reimbursed, as determined by the Department;
c.
Any proposed fee by a Certified Early Intervention Service Broker related to
managing the billing process shall meet the following criteria:
(1)
The fee shall relate to the cost of processing billings and other
administrative functions defined in the contract between the Certified
Early Intervention Service Broker and the contracted service provider;
and
(2)
The fee shall not be dependent upon the collection of payment.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
19
d.
The Certified Early Intervention Service Broker shall provide the qualified
contracted provider with statements for services delivered;
e.
The Certified Early Intervention Service Broker shall establish procedures and
time frames that provide the opportunity for a qualified contracted provider to
protest the proposed fee charges to the Certified Early Intervention Service
Broker, and for a timely written response within ten (10) days of receipt;
f.
The Certified Early Intervention Service Broker shall inform the qualified
contracted provider of the opportunities to dispute the decision to the
Department, as defined in Rule 5.108(C); and
g.
The Certified Early Intervention Service Broker shall submit a copy of all disputes
and subsequent proceedings to the Department within ten (10) days of
completion of the proceedings.
C.
The following shall apply in the event of a contractual dispute between a qualified contracted
provider and a Certified Early Intervention Service Broker:
1.
The dispute shall be submitted in writing by the contracted early intervention provider to
the Certified Early Intervention Service Broker and shall:
a.
State the specific grounds for the dispute and the relief requested; and
b
roceedings.
C.
The following shall apply in the event of a contractual dispute between a qualified contracted
provider and a Certified Early Intervention Service Broker:
1.
The dispute shall be submitted in writing by the contracted early intervention provider to
the Certified Early Intervention Service Broker and shall:
a.
State the specific grounds for the dispute and the relief requested; and
b.
Provide all available exhibits, evidence, arguments and documents believed to
substantiate the dispute.
2.
The Certified Early Intervention Service Broker may request, within fifteen (15) working
days following the date of the written dispute, additional information deemed necessary to
resolve the matters of the dispute.
3.
Within fifteen (15) working days following the receipt of written documentation and
additional requested information, if applicable, the Certified Early Intervention Service
Broker shall respond to the dispute by issuing a written decision, which shall include:
a.
The reason(s) for the decision; and
b.
The right of the provider to seek departmental review of the decision.
4.
If a contracted early intervention provider disagrees with the decision of the Certified
Early Intervention Service Broker, within ten (10) working days of the decision, the
provider may request that the Executive Director of the Department or designee review
the decision.
a.
Upon a request for review, the protesting party shall submit all relevant
documents related to the dispute;
b.
The Executive Director or designee shall review the dispute and determine if the
issue in dispute is within the jurisdiction of the Department to resolve or if court
action is necessary;
c.
If the Executive Director or designee determines that Department review is
appropriate, the Certified Early Intervention Service Broker shall respond to the
submitted information within ten (10) working days.;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
he
issue in dispute is within the jurisdiction of the Department to resolve or if court
action is necessary;
c.
If the Executive Director or designee determines that Department review is
appropriate, the Certified Early Intervention Service Broker shall respond to the
submitted information within ten (10) working days.;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
20
d.
The Department shall have the right to additional information it deems necessary
and may request oral argument from the parties involved in the dispute; and
e.
The Executive Director or designee shall render a final binding decision within
fifteen (15) working days of receiving all relevant information. The determination
shall set forth a course of action for resolution of the contract dispute.
5.109
DATA COLLECTION
This rule is promulgated pursuant to sections 26.5-3-408 and 26.5-3-410, C.R.S.
A.
A Certified Early Intervention Service Broker shall ensure that policies and procedures are
developed and maintained, and that information regarding early intervention services is collected
and documented as defined by the Department.
B.
A Certified Early Intervention Service Broker shall have an Early Intervention Data Coordinator
who shall:
1.
Be knowledgeable of the statewide data system, data entry requirements and timelines,
and report information;
2.
Ensure that staff who enter data into the statewide data system complete the department-
approved data training; and,
3.
Ensure that all data is entered into the early intervention statewide data system.
C.
A Certified Early Intervention Service Broker shall ensure that for each child referred for early
intervention services:
1.
Electronic Case is established and maintained in the statewide data system; and,
2.
All required data from a child’s record is entered into the statewide data system within
fifteen (15) days from the date of the referral and tracked through eligibility or ineligibility
and exit from early intervention services.
D
Broker shall ensure that for each child referred for early
intervention services:
1.
Electronic Case is established and maintained in the statewide data system; and,
2.
All required data from a child’s record is entered into the statewide data system within
fifteen (15) days from the date of the referral and tracked through eligibility or ineligibility
and exit from early intervention services.
D.
A Certified Early Intervention Service Broker shall ensure that accurate child outcomes data is
entered into the statewide data system for measuring outcomes.
5.110
GENERAL SUPERVISION AND MONITORING
This rule is promulgated pursuant to section 26.5-3-403, C.R.S.
A.
Monitoring activities shall ensure compliance with Part C of the Individuals with Disabilities
Education Act as well as state statutes and rules and shall include the following:
1.
Self-assessment procedures;
2.
Examination of program data;
3.
Special analysis;
4.
On-site reviews; and
5.
Any other methods as determined by the Department.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
21
B.
The results of monitoring shall be publicly reported on the Early Intervention Colorado website
and submitted to state and federal entities, as needed.
C.
A Certified Early Intervention Service Broker shall have an Early Intervention Coordinator who
shall complete required training, as determined by the department and posted on the Early
Intervention Colorado website at eicolorado.org and is:
1.
Knowledgeable of early intervention services and federal and state requirements;
2.
The liaison to the Department regarding the Early Intervention Program;
3.
Responsible for the local implementation of a comprehensive and coordinated system of
early intervention services; and
4.
The contact for families regarding procedural safeguards.
D.
A Certified Early Intervention Service Broker shall maintain:
1
edgeable of early intervention services and federal and state requirements;
2.
The liaison to the Department regarding the Early Intervention Program;
3.
Responsible for the local implementation of a comprehensive and coordinated system of
early intervention services; and
4.
The contact for families regarding procedural safeguards.
D.
A Certified Early Intervention Service Broker shall maintain:
1.
A complete file of all early intervention records, documents, communications, and other
written and/or electronic materials which pertain to the operation of an Early Intervention
Program or the delivery of early intervention services; and
2.
Such records for a period of six (6) years after the date of closure of the record or for
such further periods as may be necessary to resolve any matters that may be pending.
E.
The following information shall be maintained for each child’s record:
1.
Log of access;
2.
Referral information;
3.
Parental consent to evaluate;
4.
Parental consent to use private health insurance or Medicaid;
5.
Prior notice documentation;
6.
Parental consent to share information;
7.
Individualized Family Service Plan(s);
8.
Progress and assessment reports, including child outcomes measurement information;
9.
Case notes;
10.
All correspondence related to a child and family;
11.
Fiscal records, including documentation of early intervention service provision by
qualified providers; and
12.
Any medical documentation related to the diagnosis or medical condition of the referred
child, including history and services.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
ormation;
9.
Case notes;
10.
All correspondence related to a child and family;
11.
Fiscal records, including documentation of early intervention service provision by
qualified providers; and
12.
Any medical documentation related to the diagnosis or medical condition of the referred
child, including history and services.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
22
F.
A Certified Early Intervention Service Broker shall permit the state, federal government, or any
other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy,
and/or transcribe records during the term of a contract for early intervention services and for a
period of six (6) years following termination of the contract or final payment, whichever is later, to
assure compliance with federal regulations and/or state statutes and rules or to evaluate an Early
Intervention Program’s performance.
5.111
CHILD IDENTIFICATION
This rule is promulgated pursuant to section 26.5-3-404, C.R.S.
The Early Intervention Program shall have a comprehensive Child Find system, pursuant to 34 C.F.R.
Section 303.302., that focuses on the early identification of infants and toddlers who have developmental
delays or disabilities, including a system for making referrals so that timely and rigorous identification in
accordance with Rules 5.111(A)-(G), shall occur.
A.
Referral
1.
The Early Intervention Colorado Program or a Certified Early Intervention Service Broker
shall work collaboratively with community partners and primary referral sources to
develop effective procedures for referral of children, birth through two (2) years of age, to
the Early Intervention Program, to identify infants and toddlers in need of early
intervention services.
2.
Referral of a child, birth through two (2) years of age, means a verbal or written
notification from a referral source to the Early Intervention Colorado Program or a
Certified Early Intervention Service Broker about a child who:
a
referral of children, birth through two (2) years of age, to
the Early Intervention Program, to identify infants and toddlers in need of early
intervention services.
2.
Referral of a child, birth through two (2) years of age, means a verbal or written
notification from a referral source to the Early Intervention Colorado Program or a
Certified Early Intervention Service Broker about a child who:
a.
Is known to have or suspected of having a developmental delay;
b.
Has an established condition, as defined in Rule 5.111(E);
c.
Lives with a parent with a developmental disability;
d.
Has been identified as the subject of a substantiated case of child abuse or
neglect; or
e.
Is identified as directly affected by illegal substance abuse or withdrawal
symptoms resulting from prenatal drug exposure.
B.
Post-Referral Process
1.
The Early Intervention Colorado Program or a Certified Early Intervention Service Broker
shall accept a referral from community sources, including, but not limited to, a family,
health provider, child care provider, Administrative Unit, county department of
social/human services, county department of health, and others.
2.
A service coordinator will be assigned within three (3) working days from the date of a
referral by the Early Intervention Colorado Program or an authorized Certified Early
Intervention Service Broker.
3.
The family shall be contacted as soon as possible after being assigned a service
coordinator, but no longer than seven (7) calendar days from the date of the referral, to
provide the service coordinator’s contact information and inform the family of their
procedural safeguards.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
fied Early
Intervention Service Broker.
3.
The family shall be contacted as soon as possible after being assigned a service
coordinator, but no longer than seven (7) calendar days from the date of the referral, to
provide the service coordinator’s contact information and inform the family of their
procedural safeguards.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
23
4.
The Early Intervention Colorado Program or a Certified Early Intervention Service Broker
shall:
a.
Notify the referral source of the receipt of the referral using the state referral
form;
b.
Provide the contact information for the assigned service coordinator; and
c.
With written parental consent, notify the referral source and the child’s primary
health provider of the results of the evaluation and/or assessment using the state
referral form.
C.
Eligibility Criteria
An infant or toddler, birth through two (2) years of age, shall be eligible for early intervention
services if he or she has a developmental delay or atypical development as defined in Rule
5.103, an established diagnosed physical or mental condition as defined in Rule 5.103, or lives
with a parent who has a developmental disability as defined in Rule 5.111(F).
D.
Eligibility Determination for Developmental Delay and Atypical Development
1.
Eligibility shall be based on a developmental delay and atypical development as defined
in Rule 5.103.
2.
Results derived solely from a single procedure shall not be used to determine eligibility or
ineligibility.
3.
The following shall be documented in an Individualized Family Service Plan:
a.
Name and discipline of each team member who participated in the evaluation
and assessment;
b.
Evaluation instrument(s), child assessment tool(s), and methods and procedures
used to conduct the evaluation and assessment;
c.
The measurable results of the multidisciplinary evaluation and/or assessment in
each of the developmental domains;
d.
Eligibility or ineligibility determination;
e
vice Plan:
a.
Name and discipline of each team member who participated in the evaluation
and assessment;
b.
Evaluation instrument(s), child assessment tool(s), and methods and procedures
used to conduct the evaluation and assessment;
c.
The measurable results of the multidisciplinary evaluation and/or assessment in
each of the developmental domains;
d.
Eligibility or ineligibility determination;
e.
Name and signature of the Evaluation Entity representative that conducts an
evaluation, as defined in Rule 5.103, who verifies that the evaluation and
assessment team gathered and provided diagnostic information to establish
eligibility or ineligibility; and
f.
Signature of a parent or guardian acknowledging that he or she has been
informed of their child’s eligibility determination.
4.
If a child is determined ineligible for early intervention services based on evaluation
procedures identified in Rule 5.111, the family shall be provided prior written notice to
inform them of:
a.
The right to dispute resolution procedures as defined in Rule 5.120;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
24
b.
A referral to the Early Intervention early start program if the child has an identified
risk factor as defined in Rule 5.103, and with written parental consent and
sufficient appropriations available; and
c.
Other community resources that may assist their child.
E.
Eligibility Determination Based on an Established Condition
1.
There shall be supporting documentation from a qualified health professional maintained
in the child’s record for a diagnosed physical or mental condition.
2.
The diagnosis or condition shall be included in the Established Conditions Database.
3.
There shall be documentation in the Individualized Family Service Plan regarding the
name of the diagnosed condition on which eligibility is based.
4.
A child with an established condition does not have to be exhibiting delays in
development at the time of diagnosis to be eligible for early intervention services.
F
diagnosis or condition shall be included in the Established Conditions Database.
3.
There shall be documentation in the Individualized Family Service Plan regarding the
name of the diagnosed condition on which eligibility is based.
4.
A child with an established condition does not have to be exhibiting delays in
development at the time of diagnosis to be eligible for early intervention services.
F.
An infant or toddler who lives with a parent who has been determined by a Community Centered
Board to have a developmental disability is eligible to receive early intervention services using
any funding source other than the federal Part C funds. Such services may include, but are not
limited to, developmental intervention for parent education and monitoring child development.
G.
Evaluation to Determine Extent of Child’s Delay
1.
Written notice shall be provided to the parent or guardian prior to the scheduling of an
evaluation and a copy of the notice shall be maintained in the child’s record.
2.
Written parental consent shall be obtained prior to any evaluation being conducted and a
copy of the consent shall be maintained in the child’s record.
3.
An evaluation shall include a multidisciplinary process by a team comprised of a
minimum of two (2) appropriately licensed/qualified professionals, at least one (1) of
whom is qualified in the primary area of developmental concern.
4.
Child evaluation shall be conducted in the native language of the child, unless clearly not
feasible to do so.
5.
An evaluation shall be based on an informed opinion of delay and administered so that it
is not racially or culturally discriminatory.
6.
Procedures for the evaluation to determine if an infant or toddler has a developmental
delay shall include:
a.
Administering an evaluation instrument;
b.
Documenting the child’s history, including interviewing the parent or guardian(s);
c.
Identifying the child’s level of functioning in each of the following developmental
domains:
(1)
Adaptive development;
racially or culturally discriminatory.
6.
Procedures for the evaluation to determine if an infant or toddler has a developmental
delay shall include:
a.
Administering an evaluation instrument;
b.
Documenting the child’s history, including interviewing the parent or guardian(s);
c.
Identifying the child’s level of functioning in each of the following developmental
domains:
(1)
Adaptive development;
(2)
Cognitive development;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
25
(3)
Communication development;
(4)
Physical development, including vision and hearing; and
(5)
Social or emotional development.
d.
Gathering information from other sources such as family members, other
caregivers, medical providers and other professionals working with the child and
family.
H.
Assessment
If a child is determined to be eligible for early intervention services because of a developmental
delay, atypical development, or an established condition, a Certified Early Intervention Service
Broker shall ensure that the following occurs:
1.
Prior to conducting a child assessment, written notice shall be provided to the parent or
guardian and parental consent for the assessment obtained. A copy of the notice and the
consent shall be maintained in the child’s record. For a child determined eligible due to a
developmental delay, this notice may have been provided at the time of evaluation.
2.
A child assessment, conducted by qualified personnel, shall be conducted in the native
language of the child, unless clearly not feasible to do so (such as an interpreter is
unable to be located), and may include the following:
a.
A review of the results of the multidisciplinary evaluation, informed opinion of
delay, and medical and other records used to establish eligibility, including the
results of hearing and vision screening;
b.
Personal observations of the child;
c.
The identification of the child’s strengths and needs in each developmental area;
and
d
preter is
unable to be located), and may include the following:
a.
A review of the results of the multidisciplinary evaluation, informed opinion of
delay, and medical and other records used to establish eligibility, including the
results of hearing and vision screening;
b.
Personal observations of the child;
c.
The identification of the child’s strengths and needs in each developmental area;
and
d.
The identification of early intervention services that would meet the child’s needs.
3.
A family assessment is made available to any parent or guardian or other family member
of an eligible child.
a.
A family assessment is voluntary on the part of each family member participating
in the assessment.
b.
A family assessment shall be family-directed and designed to determine the
resources, priorities and concerns of a parent or guardian or other family member
related to the enhancement of their child’s development.
c.
A family assessment shall be conducted in the native language of the family
member(s) participating in the family assessment, unless clearly not feasible to
do so.
d.
When completed, the family assessment shall be:
(1)
Conducted by qualified personnel trained to utilize a department-
approved family assessment tool, that is available on the early
intervention Colorado website at www.eicolorado.org;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
26
(2)
Based on information provided by the parent or guardian or other family
member through a personal interview and family assessment tool;
(3)
Inclusive of a parent or guardian or other family member’s description of
their resources, priorities, and concerns related to enhancing their child’s
development; and
.org;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
26
(2)
Based on information provided by the parent or guardian or other family
member through a personal interview and family assessment tool;
(3)
Inclusive of a parent or guardian or other family member’s description of
their resources, priorities, and concerns related to enhancing their child’s
development; and
(4)
Completed prior to the development of the initial individualized family
service plan.
4.
If an Individualized Family Service Plan is developed at the same meeting as the
evaluation and assessment, the service coordinator shall ensure that prior written notice
about the development of the Individualized Family Service Plan is provided to the parent
or guardian.
5.
If a second meeting is required, notification of the date, time, and location of that meeting
needs to be coordinated with, and received by, the parent or guardian far enough in
advance of the meeting date so that the parent or guardian will be able to attend the
meeting. The meeting cannot occur without the parent. A copy of the notice shall be
maintained in the child’s record.
I.
Eligibility for Early Intervention Early Start Program
1.
Services under the Early Intervention early start program are only available if there are
sufficient appropriations after funding early intervention services to children with a
developmental delay or atypical development as defined in Rule 5.103.
2.
When sufficient appropriations for the Early Intervention early start program exist, if a
child does not meet the definition of developmental delay or atypical development and is,
therefore, ineligible for early intervention services in accordance with Part C, he or she
shall be evaluated for eligibility for the Early Intervention early start program.
3.
To be eligible for the Early Intervention early start program, the child must meet the
definition of risk factor in Rule 5.103.
4
f a
child does not meet the definition of developmental delay or atypical development and is,
therefore, ineligible for early intervention services in accordance with Part C, he or she
shall be evaluated for eligibility for the Early Intervention early start program.
3.
To be eligible for the Early Intervention early start program, the child must meet the
definition of risk factor in Rule 5.103.
4.
If the child does not meet the definition of risk factor in Rule 5.103, and is, therefore,
ineligible for the Early Intervention early start program, the family shall be provided
written notice of:
a.
The right to dispute resolution procedures as defined in Rule 5.120; and
b.
Other community resources that may assist their child.
5.112
SERVICE COORDINATION
This rule is promulgated pursuant to section 26.5-3-405, C.R.S.
A.
The Early Intervention Colorado Program or a Certified Early Intervention Service Broker shall
provide service coordination for each infant and toddler from the date of the referral through
transition at three (3) years of age, exit from early intervention services, or a determination of
ineligibility, whichever occurs first.
B.
A service coordinator shall:
1.
Meet the following standards:
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
27
a.
A bachelor’s level degree of education; or
b.
Five years of experience in the field of early childhood or developmental
disabilities; or
c.
Some combination of education and experience appropriate to the requirements
of the position.
2.
Complete the following:
a.
Required service coordination online orientation training modules within one (1)
month of employment as a service coordinator;
b.
All introductory training required by the Department on the service coordination
core competency requirements and the development and implementation of an
Individualized Family Service Plan within one hundred and twenty (120) calendar
days of employment as a service coordinator; and
c
e coordination online orientation training modules within one (1)
month of employment as a service coordinator;
b.
All introductory training required by the Department on the service coordination
core competency requirements and the development and implementation of an
Individualized Family Service Plan within one hundred and twenty (120) calendar
days of employment as a service coordinator; and
c.
Document all completed training in the Early Intervention Provider Database.
3.
Inform a parent or guardian of their rights and procedural safeguards, and how to
exercise them as set forth in Rule 5.119;
4.
Ensure that required information for each child referred for early intervention services is
provided for entry into the statewide database in accordance with reporting requirements
of the Department found in the early intervention data system user guide and located on
the Early Intervention Colorado website at eicolorado.org;
5.
Coordinate with appropriate providers to ensure the completion of a child’s evaluation
and assessment and ensure compliance with all parts of the requirements of Rule 5.111;
6.
Facilitate and participate in the development, review, and evaluation of Individualized
Family Service Plans;
7.
Make referrals to providers for early intervention services authorized in an Individualized
Family Service Plan, assist with scheduling appointments, ensure initiation within twenty-
eight (28) calendar days of written parental consent for early intervention services, and
coordinate, facilitate, and monitor the delivery of early intervention services;
8.
Ensure that a parent or guardian is informed of the coordinated system of payment
funding hierarchy and no-cost protections for families, and ensure appropriate use of all
available funding for early intervention services;
9.
Coordinate the provision of medical and other services, such as educational and social,
that the child or family needs or is receiving through other sources;
10.
Inform a parent or guardian of available advocacy services;
11
e coordinated system of payment
funding hierarchy and no-cost protections for families, and ensure appropriate use of all
available funding for early intervention services;
9.
Coordinate the provision of medical and other services, such as educational and social,
that the child or family needs or is receiving through other sources;
10.
Inform a parent or guardian of available advocacy services;
11.
Facilitate development of the transition to preschool special education services or other
services for a toddler approaching three (3) years of age;
12.
Assist a parent or guardian with dispute resolution regarding early intervention services, if
needed; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
28
13.
Maintain at least monthly contact with a parent or guardian whose child is enrolled in
early intervention services, including written, electronic, or phone communication, and
document the contact in the child’s record.
5.113
INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP)
This rule is promulgated pursuant to section 26.5-3-403, C.R.S.
A.
An IFSP shall serve as the Individualized Plan for a child, from birth through two (2) years of age,
receiving early intervention services in accordance with Part C. Children receiving services
through the Early Intervention early start program will not have an IFSP.
B.
A service coordinator shall ensure that an IFSP is:
1.
With prior written notice given to the parent or guardian, developed within a reasonable
time after an eligibility determination has been made, but no later than forty-five (45)
calendar days from the date of the referral, unless a delay is due to documented
exceptional family circumstances;
2.
Developed with all required participants as set forth in Rule 5.113(E);
3.
Based on, and contains the results of, the Evaluation and Assessment, and the family’s
concerns and priorities;
4
able
time after an eligibility determination has been made, but no later than forty-five (45)
calendar days from the date of the referral, unless a delay is due to documented
exceptional family circumstances;
2.
Developed with all required participants as set forth in Rule 5.113(E);
3.
Based on, and contains the results of, the Evaluation and Assessment, and the family’s
concerns and priorities;
4.
Inclusive of early intervention services to be provided in natural environments that are
necessary to meet the unique needs of the child and parent or guardian or other
caregiver, and implement the strategies to achieve the developmental outcomes of the
child;
5.
Culturally sensitive;
6.
With prior written notice given to the parent or guardian, reviewed every six (6) months,
or more frequently if necessary or if requested by the parent or guardian, to:
a.
Determine progress toward achieving the identified outcomes;
b.
Revise or add an outcome, if needed; and
c.
Determine if a change in early intervention services is necessary to meet the
identified outcomes.
7.
With prior written notice given to the parent or guardian, updated annually through a
meeting of the IFSP team and the parent or guardian to:
a.
Discuss and document the child’s current developmental levels in all
developmental domains gathered through assessment methods as defined by
the Department;
b.
Determine progress towards achieving the identified outcomes;
c.
Determine the child’s ongoing need for early intervention services;
d.
Revise or add an outcome, if needed; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
ument the child’s current developmental levels in all
developmental domains gathered through assessment methods as defined by
the Department;
b.
Determine progress towards achieving the identified outcomes;
c.
Determine the child’s ongoing need for early intervention services;
d.
Revise or add an outcome, if needed; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
29
e.
Determine the early intervention services necessary to meet the identified
outcomes.
C.
If it is determined during an IFSP annual review that a child is functioning at age-expected levels
when compared with chronological age, as documented in current assessment results, the
following shall occur:
1.
The IFSP team shall determine whether one (1) or more early intervention services are
no longer needed for the child to continue to progress; and
2.
If the IFSP team determines that early intervention services are no longer needed and
the child is no longer eligible to receive services, the following shall occur:
a.
The service coordinator shall explain to the parent or guardian the dispute
resolution procedures, as defined in Rule 5.120;
b.
The service coordinator shall provide prior written notice to the parent or
guardian that the members of the IFSP team have determined the child no longer
has any identified need for early intervention services, and the child has
completed the IFSP;
c.
The child’s record shall remain open for ten (10) calendar days from the prior
written notice date; and
d.
Following the ten (10) calendar day period from the prior written notice date, if
there is no dispute resolution request from the parent or guardian, the early
intervention services shall cease, and the child’s record shall be closed.
D.
Completion of an IFSP
1.
If future concerns arise about the child’s development and the child is still less than three
from the prior
written notice date; and
d.
Following the ten (10) calendar day period from the prior written notice date, if
there is no dispute resolution request from the parent or guardian, the early
intervention services shall cease, and the child’s record shall be closed.
D.
Completion of an IFSP
1.
If future concerns arise about the child’s development and the child is still less than three
(3) years of age, the family shall contact the Certified Early Intervention Service Broker to
conduct an evaluation and determine whether the child meets the eligibility criteria. If the
child meets the eligibility criteria, the Community Centered Board shall re-initiate an IFSP.
2.
An infant or toddler found eligible due to an established condition, as defined in Rules
5.103 and 5.111(F), shall not have his/her early intervention services ended unless the
parent or guardian chooses to withdraw from services.
E.
An initial, annual, or periodic review meeting to evaluate an IFSP shall include the following
participants:
1.
Parent or guardian of a child;
2.
Service coordinator;
3.
Persons directly involved in conducting the evaluations and assessments;
4.
As appropriate, a person or persons who will be providing early intervention services to a
child or family; and
5.
Additional participants may include, but are not limited to, the following:
a.
Other family members, as requested by a parent or guardian; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
ctly involved in conducting the evaluations and assessments;
4.
As appropriate, a person or persons who will be providing early intervention services to a
child or family; and
5.
Additional participants may include, but are not limited to, the following:
a.
Other family members, as requested by a parent or guardian; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
30
b.
An advocate or person outside of a family, as requested by a parent or guardian.
F.
If any person who conducted an evaluation and/or assessment is unable to participate in person,
he or she shall participate by:
1.
Telephone or Internet web conference;
2.
A knowledgeable authorized representative attending the meeting in their place; or
3.
The provision of appropriate reports for use at the meeting.
G.
If the evaluation and assessment report is provided and there is no authorized representative at
the meeting, the Certified Early Intervention Service Broker shall ensure that at least one qualified
early intervention professional reviews and interprets the developmental information in the report
to inform the team completing the IFSP.
H.
An IFSP shall be conducted in accordance with 34 C.F.R. Sections 303.340 - 303.345, which are
incorporated by reference in Rule 5.104 (A)(5):
1.
In a setting and at a time that is convenient to the parent or guardian; and
2.
In the language or mode of communication normally used by the parent or guardian,
unless clearly not feasible to do so.
I.
The content of an IFSP shall, at a minimum, meet the requirements of 34 C.F.R. Section 303.344,
which is incorporated by reference in Rule 5.104(A)(5), and be completed using the department
required IFSP form available at the Early Intervention Program website at www.eicolorado.org,
and shall include the following:
1.
The type of model for each service shall be one of the following, as defined in Rule 5.103:
a.
Primary service provider;
b.
Multidisciplinary service providers;
c.
Single provider; or
d.
Other model approved by the state.
2
4(A)(5), and be completed using the department
required IFSP form available at the Early Intervention Program website at www.eicolorado.org,
and shall include the following:
1.
The type of model for each service shall be one of the following, as defined in Rule 5.103:
a.
Primary service provider;
b.
Multidisciplinary service providers;
c.
Single provider; or
d.
Other model approved by the state.
2.
The type of method for each service shall be one of the following, as defined in Rule
5.103:
a.
Individual;
b.
Co-visit;
c.
Teaming;
d.
Supervision; or
e.
Telehealth, with parental consent.
J.
A parent or guardian may withhold consent for an early intervention service without jeopardizing
the delivery of any other early intervention service for which consent is given.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
31
K.
If a parent or guardian and an IFSP team member(s) do not agree on an aspect of an early
intervention service, a service coordinator shall implement the sections of the plan that are not in
dispute.
L.
A parent or guardian may exercise their rights, as defined in Rule 5.120, to resolve a dispute
while continuing to receive those services in an IFSP that are not subject to a dispute.
M.
An interim IFSP shall be developed to provide a temporary early intervention service prior to
completion of an evaluation and assessment, only when the service is determined by qualified
professionals to be immediately necessary and when the following conditions are met:
1.
A child has been determined to be eligible for early intervention services;
2.
Written parental consent is obtained; and
3.
An evaluation and assessment are completed within forty-five (45) calendar days of the
date of the referral.
5.114
EARLY INTERVENTION SERVICES
This rule is promulgated pursuant to sections 26.5-3-403, 26.5-3-406, 26.5-3-408, and 26.5-3-409, C.R.S.
A.
Early intervention services shall be:
1
en determined to be eligible for early intervention services;
2.
Written parental consent is obtained; and
3.
An evaluation and assessment are completed within forty-five (45) calendar days of the
date of the referral.
5.114
EARLY INTERVENTION SERVICES
This rule is promulgated pursuant to sections 26.5-3-403, 26.5-3-406, 26.5-3-408, and 26.5-3-409, C.R.S.
A.
Early intervention services shall be:
1.
Provided only after the development of an Individualized Family Service Plan and written
parental consent is obtained for those services identified in the Individualized Family
Service Plan;
2.
Provided to meet the developmental needs of an eligible infant or toddler, parent or
guardian, or other caregivers, to achieve the outcomes identified in the Individualized
Family Service Plan;
3.
Based on appropriate peer-reviewed, evidence-based practices, to the extent which is
practical;
4.
Related to functional outcomes and developmentally appropriate practices to support
participation in everyday routines, activities, and places;
5.
Provided by qualified providers who meet the state personnel standards for each Early
Intervention Service;
6.
Provided in a culturally relevant manner, including use of an interpreter, if needed;
7.
Provided in the natural environments of the child and family to the maximum extent
appropriate. If there is a determination that an Early Intervention Service cannot be
provided in a natural environment, written justification shall be provided in the
Individualized Family Service Plan; and
8.
Provided in physical settings where community-based early intervention services are
accessed that meet all fire, building, licensing, and health regulations, as applicable.
B.
Early intervention services shall include the following:
1.
Assistive Technology Services:
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
32
a.
Means the direct selection, acquisition, or use of assistive technology devices
and includes:
based early intervention services are
accessed that meet all fire, building, licensing, and health regulations, as applicable.
B.
Early intervention services shall include the following:
1.
Assistive Technology Services:
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
32
a.
Means the direct selection, acquisition, or use of assistive technology devices
and includes:
(1)
Functional evaluation of the developmental needs of the infant or toddler
in their usual environments;
(2)
Selection, acquisition, modification, or customization and maintenance of
assistive technology devices;
(3)
Coordinating and using other therapies, interventions, or services with
assistive technology devices, such as those associated with existing
intervention plans and programs;
(4)
Training or technical assistance for professionals providing early
intervention services or other individuals identified as providing early
intervention services to, or are otherwise substantially involved in the
major life functions of, an infant or toddler on the use of assistive
technology devices;
(5)
Training or technical assistance for an infant or toddler receiving early
intervention services or, if appropriate, the child’s family; and
(6)
Any item, piece of equipment, or product system, whether acquired
commercially off the shelf, modified or customized, that is used to
increase, maintain, or improve the functional, developmental capabilities
of an infant or toddler in their usual environments.
(a)
The device must be identified in the Individualized Family
Service Plan; and
n services or, if appropriate, the child’s family; and
(6)
Any item, piece of equipment, or product system, whether acquired
commercially off the shelf, modified or customized, that is used to
increase, maintain, or improve the functional, developmental capabilities
of an infant or toddler in their usual environments.
(a)
The device must be identified in the Individualized Family
Service Plan; and
(b)
Prior to purchase or lease of an assistive technology device, an
assessment shall be conducted by a qualified early intervention
provider to assure that the device is appropriate for the child and
family’s needs.
b.
Does not mean a device that is primarily intended to treat a medical condition,
meet life-sustaining needs, or a medical device that is surgically implanted,
including a cochlear implant. It also does not mean the optimization,
maintenance, or the replacement of such a device.
2.
Audiology Services:
a.
Means services for the identification of an infant or toddler with an auditory
impairment, using at-risk criteria and appropriate audiologic screening
techniques, and includes:
(1)
Loss and communication functions, by use of audiological evaluation
procedures;
(2)
Auditory training, aural rehabilitation, speech reading and listening
devices, orientation, and other training to increase functional
communication skills;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
33
(3)
The determination of the need for individual amplification, including
selecting, fitting and dispensing an appropriate listening and vibrotactile
device, and evaluating the effectiveness of the device;
(4)
Referral for medical and other services necessary for the habilitation or
rehabilitation of an infant or toddler with a disability which is an auditory
impairment;
ntion Colorado Program
33
(3)
The determination of the need for individual amplification, including
selecting, fitting and dispensing an appropriate listening and vibrotactile
device, and evaluating the effectiveness of the device;
(4)
Referral for medical and other services necessary for the habilitation or
rehabilitation of an infant or toddler with a disability which is an auditory
impairment;
(5)
Family training, education, and support provided to assist a parent or
guardian or other caregivers of a child eligible for services in
understanding the special needs of the infant or toddler as related to
audiology and aural rehabilitation services; and
(6)
The provision of services for prevention of hearing loss.
b.
Does not mean therapeutic services required for an infant or toddler to recover
from medical procedures such as surgery, or pre-surgery therapeutic services
required by a physician to prepare a child for surgery and that are beyond the
scope of the early intervention services identified in the child’s Individualized
Family Service Plan as being needed to meet the child’s developmental
outcomes.
3.
Developmental Intervention Services:
a.
Means developmental assessment and special instruction to address the
functional developmental needs of an infant or toddler and includes:
(1)
The design or adaptation of learning environments, activities and
materials to enhance developmental and learning opportunities that
promote the infant or toddler’s acquisition of skills in a variety of
developmental areas, including cognitive processes and social
interaction;
(2)
Curriculum planning, including the planned interaction of personnel,
materials, and time and space, that leads to achieving the outcomes in
the child’s Individualized Family Service Plan;
(3)
Working with the child to enhance the child’s development; and
mote the infant or toddler’s acquisition of skills in a variety of
developmental areas, including cognitive processes and social
interaction;
(2)
Curriculum planning, including the planned interaction of personnel,
materials, and time and space, that leads to achieving the outcomes in
the child’s Individualized Family Service Plan;
(3)
Working with the child to enhance the child’s development; and
(4)
Family training, education and support provided to assist a parent or
guardian or other caregivers in understanding the special needs of the
child related to enhancing the skill development of the child.
4.
Health Services:
a.
Means services by a licensed health care professional that enable an eligible
infant or toddler to benefit from other allowable early intervention services and
includes:
(1)
Assessment to determine the health status and special health care
needs that will impact the provision of other early intervention services;
(2)
Services such as clean intermittent catheterization, tracheostomy care,
tube feeding, the changing of dressings or colostomy bags, and other
health services; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
34
(3)
Consultation by a health care professional with a parent or guardian or
other service provider regarding the impact of the infant or toddler’s
health status on the provision of other early intervention services.
b.
Does not mean:
(1)
Services that are:
(a)
Purely medical in nature, such as hospitalization, or the
prescribing of medicine or other drugs for any purpose;
(b)
Surgical in nature, such as cleft palate surgery or shunting for
hydrocephalus;
(c)
Medical diagnostic procedures, services that are primarily
intended to treat a medical condition; or
the provision of other early intervention services.
b.
Does not mean:
(1)
Services that are:
(a)
Purely medical in nature, such as hospitalization, or the
prescribing of medicine or other drugs for any purpose;
(b)
Surgical in nature, such as cleft palate surgery or shunting for
hydrocephalus;
(c)
Medical diagnostic procedures, services that are primarily
intended to treat a medical condition; or
(d)
Related to the implementation, optimization, maintenance, or
replacement of a medical device that is surgically implanted.
(2)
Devices necessary to control or treat a medical condition, or that are
medical or health services routinely recommended for all infants and
toddlers.
c.
Nothing in this section of the rules limits the rights of an infant or toddler with a
disability, that has a surgically implanted device, to receive the early intervention
services identified in the child’s Individualized Family Service Plan as being
needed to meet the child’s developmental outcomes.
d.
Nothing in this section of the rules prevents the early intervention services
provider from routinely checking that either the hearing aid or the external
components of a surgically implanted device, such as a cochlear implant, used
by an infant or toddler with a disability are functioning properly.
5.
Medical services means services provided by a licensed physician for diagnostic or
evaluation purposes, to determine a child’s developmental status and need for early
intervention services.
6.
Nursing Services:
a.
Means assessment of health status for the purpose of providing:
(1)
Nursing care, including the identification of patterns of human response
to actual or potential health problems;
(2)
Nursing care to prevent health problems, restore or improve functioning,
and promote health and development; and
rmine a child’s developmental status and need for early
intervention services.
6.
Nursing Services:
a.
Means assessment of health status for the purpose of providing:
(1)
Nursing care, including the identification of patterns of human response
to actual or potential health problems;
(2)
Nursing care to prevent health problems, restore or improve functioning,
and promote health and development; and
(3)
The administration of medications, treatments, and regimens prescribed
by a licensed physician.
7.
Nutrition Services:
a.
Means development of a plan to address the nutritional and feeding needs of an
infant or toddler related to their development, and includes:
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
35
(1)
The assessment of the nutritional history, dietary intake, body
measurements such as height and weight, and feeding status;
(2)
Consultation to develop, implement and monitor appropriate plans to
address the nutritional needs;
(3)
Referral to appropriate community resources to carry out nutritional
plans; and
(4)
Family training, education and support provided to assist a parent or
guardian or other caregivers in understanding the special needs of the
child related to nutrition and feeding and enhancing the child’s
development.
8.
Occupational Therapy Services:
a.
Means assessment and intervention services with an emphasis on adaptive
skills, motor and sensory development, mobility, play and oral-motor functioning
and includes:
(1)
Intervention strategies to address the functional developmental needs,
including oral motor functioning of an infant or toddler, minimizing the
impact of initial or future impairment, and delay in development or loss of
functional ability;
(2)
Consultation to adapt the environment to promote development, access
and participation in everyday routines, activities and places;
(3)
The selection, design, or fabrication of assistive and orthotic devices to
promote mobility or participation in everyday routines, activities, and
places; and
g the
impact of initial or future impairment, and delay in development or loss of
functional ability;
(2)
Consultation to adapt the environment to promote development, access
and participation in everyday routines, activities and places;
(3)
The selection, design, or fabrication of assistive and orthotic devices to
promote mobility or participation in everyday routines, activities, and
places; and
(4)
Family training, education, and support provided to assist a parent or
guardian or other caregivers in understanding the special needs of the
child as related to occupational therapy strategies and enhancing the
child’s motor development.
b.
Does not include therapeutic services required due to, or as part of, a medical
procedure, a medical intervention or an injury that is expected to heal without a
long-term impact to child development and that is beyond the scope of the early
intervention services identified in the child’s Individualized Family Service Plan as
being needed to meet the child’s developmental outcomes.
9.
Physical Therapy Services:
a.
Means assessment and intervention services with an emphasis on mobility,
positioning, motor development, and both strength and endurance and includes:
(1)
Intervention strategies to address the functional developmental needs of
an infant or toddler;
(2)
Through individual or group services, to obtain, interpret, and integrate
information for program planning to prevent, alleviate, or compensate for
movement dysfunction and related functional problems;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
36
(3)
The design or acquisition of assistive and orthotic devices, and effective
adaptation of the child’s environment to promote mobility and
participation in everyday routines, activities and places, and minimize the
impact of initial or future impairment, delay in development or loss of
functional ability; and
ems;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
36
(3)
The design or acquisition of assistive and orthotic devices, and effective
adaptation of the child’s environment to promote mobility and
participation in everyday routines, activities and places, and minimize the
impact of initial or future impairment, delay in development or loss of
functional ability; and
(4)
Family training, education, and support provided to assist a parent or
guardian or other caregivers in understanding the special needs of the
child as related to physical therapy strategies and enhancing the child’s
motor development.
b.
Does not include therapeutic services required due to, or as part of, a medical
procedure, a medical intervention or an injury that is expected to heal without a
long-term impact to the child’s development and that is beyond the scope of the
early intervention services identified in the child’s Individualized Family Service
Plan as being needed to meet the child’s developmental outcomes.
10.
Psychological Services:
a.
Means assessment and intervention services that address the development,
cognition, behavior, and social or emotional development of an infant or toddler
and includes:
(1)
The administration of psychological and developmental tests and other
assessment procedures to identify the developmental, cognitive,
behavioral and social emotional status;
(2)
The acquisition, integration and interpretation of test results, other
information about development and behavior and the family and living
situation related to learning, social or emotional development and
behavior;
(3)
The provision of individual or parent or guardian counseling;
(4)
Planning and managing a child’s program of psychological services;
(5)
Consultation on child behavior, child and family conditions related to
learning, mental health, and development to a parent or guardian, other
caregivers, and other service providers; and
tion related to learning, social or emotional development and
behavior;
(3)
The provision of individual or parent or guardian counseling;
(4)
Planning and managing a child’s program of psychological services;
(5)
Consultation on child behavior, child and family conditions related to
learning, mental health, and development to a parent or guardian, other
caregivers, and other service providers; and
(6)
Family training, education, and support provided to assist a parent or
guardian or other caregivers in understanding the special needs of the
child as related to psychological strategies and enhancing the child’s
psychological and cognitive development.
11.
Sign Language and Cued Language Services means instruction that includes sign
language, cued language, auditory or oral language, providing oral transliteration
services, and providing sign and cued language interpretation for an infant or toddler.
12.
Social and Emotional Services:
a.
Means assessment and intervention services that address social and emotional
development in the context of a family and parent or guardian-child interaction
and includes:
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
37
(1)
Home visits to evaluate an infant or toddler’s living conditions and
patterns of parent or guardian-child interaction;
(2)
The completion of social or emotional developmental assessment;
(3)
The provision of individual or group counseling to an infant or toddler or a
parent or guardian in order to understand the parental needs related to
their child’s development and how to enhance the development of the
child;
(4)
The provision of social skill building activities with the child and parent or
guardian;
(5)
Intervention strategies to address issues in the living or caregiving
situation that may affect the child’s development and/or utilization of
other allowable early intervention services;
understand the parental needs related to
their child’s development and how to enhance the development of the
child;
(4)
The provision of social skill building activities with the child and parent or
guardian;
(5)
Intervention strategies to address issues in the living or caregiving
situation that may affect the child’s development and/or utilization of
other allowable early intervention services;
(6)
The identification, mobilization and coordination of community resources
and services to enable an infant or toddler and their parent or guardian to
receive maximum benefit from other early intervention services; and
(7)
Family training, education, and support provided to assist a parent or
guardian or other caregivers in understanding the special needs of the
child as related to strategies for enhancing the child’s social or emotional
development. “Social and emotional services” means assessment and
intervention services that address social emotional development in the
context of a family and parent or guardian-child interaction and includes:
(a)
Home visits to evaluate an infant or toddler’s living conditions
and patterns of parent or guardian-child interaction;
(b)
The completion of social or emotional developmental
assessment;
(c)
The provision of individual or group counseling to an infant or
toddler or a parent or guardian in order to understand the
parental needs related to their child’s development and how to
enhance the development of the child;
(d)
The provision of social skill building activities with the child and
parent or guardian;
(e)
Intervention strategies to address issues in the living or
caregiving situation that may affect the child’s development
and/or utilization of other allowable early intervention services;
(f)
The identification, mobilization and coordination of community
resources and services to enable an infant or toddler and their
parent or guardian to receive maximum benefit from other early
intervention services; and
ntion strategies to address issues in the living or
caregiving situation that may affect the child’s development
and/or utilization of other allowable early intervention services;
(f)
The identification, mobilization and coordination of community
resources and services to enable an infant or toddler and their
parent or guardian to receive maximum benefit from other early
intervention services; and
(g)
Family training, education, and support provided to assist a
parent or guardian or other caregivers in understanding the
special needs of the child as related to strategies for enhancing
the child’s social or emotional development.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
38
13.
Speech Language Pathology Services:
a.
Means assessment and intervention services to address the functional and
communication needs of an infant or toddler, and includes:
(1)
Language and speech development;
(2)
Oral motor functioning, including the identification of specific
communication disorders;
(3)
Consultation to adapt an environment and activities to promote speech
and language development and participation in everyday routines,
activities and places;
(4)
Habilitation, rehabilitation or prevention of communication disorders, and
delays in language and speed development;
(5)
Referral for medical or other professional services necessary for the
habilitation or rehabilitation of an infant or toddler with communication
disorders or delays; and
to promote speech
and language development and participation in everyday routines,
activities and places;
(4)
Habilitation, rehabilitation or prevention of communication disorders, and
delays in language and speed development;
(5)
Referral for medical or other professional services necessary for the
habilitation or rehabilitation of an infant or toddler with communication
disorders or delays; and
(6)
Family training, education and support provided to assist a parent or
guardian or other caregivers in understanding the special needs of the
child as related to speech language pathology strategies and enhancing
the child’s communication development.
b.
Does not include therapeutic services required due to, or as part of, a medical
procedure, a medical intervention or an injury that is expected to heal without a
long-term impact to the child’s development and that is beyond the scope of the
early intervention services identified in the child’s Individualized Family Service
Plan as being needed to meet the child’s developmental outcomes.
14.
Transportation Services means reimbursement for the cost of travel, including mileage,
taxis, common carriers, and tolls or parking, that are necessary to enable an infant or
toddler and their parent or guardian to receive an Early Intervention Service identified in
the Individualized Family Service Plan.
15.
Vision Services:
a.
Means evaluation and assessment of visual functioning, including the diagnosis
and appraisal of specific visual disorders and delays that affect child
development, and the intervention services to address the functional visual
needs of an infant or toddler with significant vision impairment and includes:
(1)
Communication skills training;
(2)
Orientation and mobility training for all environments;
(3)
Visual and other training necessary to activate visual motor abilities;
is
and appraisal of specific visual disorders and delays that affect child
development, and the intervention services to address the functional visual
needs of an infant or toddler with significant vision impairment and includes:
(1)
Communication skills training;
(2)
Orientation and mobility training for all environments;
(3)
Visual and other training necessary to activate visual motor abilities;
(4)
Referral for medical or other professional services necessary for the
habilitation or rehabilitation of visual functioning disorders, or both;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
39
(5)
Consultation to adapt an environment and activities for a child with a
visual impairment to promote development, access and participation in
everyday routines, activities, and places; and
(6)
Family training, education and support provided to assist a parent or
guardian or other caregivers in understanding the special needs of the
child as related to vision strategies and enhancing the child’s overall
development.
b.
Does not mean therapeutic services required due to, or as part of, a medical
procedure, a medical intervention, or an injury and that is beyond the scope of
the early intervention services identified in the child’s Individualized Family
Service Plan as being needed to meet the child’s developmental outcomes.
5.115
EARLY INTERVENTION PROVIDER QUALIFICATIONS
This rule is promulgated pursuant to section 26.5-3-403, C.R.S.
A.
Early intervention services shall be provided by qualified providers who meet the Early
Intervention Colorado Program state personnel standards for each early intervention service.
B.
Early Intervention providers shall maintain current and accurate documentation, including
certifications, licensing, endorsements, and registrations and shall register and update their
information at least annually, in the statewide data system provider portal.
C
y qualified providers who meet the Early
Intervention Colorado Program state personnel standards for each early intervention service.
B.
Early Intervention providers shall maintain current and accurate documentation, including
certifications, licensing, endorsements, and registrations and shall register and update their
information at least annually, in the statewide data system provider portal.
C.
Early intervention providers shall complete all required training, as determined by the Department
and listed on the Early Intervention Colorado Program website at www.EIColorado.org.
5.116
CHILD OUTCOMES MEASURES
This rule is promulgated pursuant to sections 26.5-3-403 and 26.5-3-410, C.R.S.
The Early Intervention Program, pursuant to 20 U.S.C. 1416(a) and 1442 which is referenced in Rule
5.104(A)(4), shall collect and report data on the progress made by children and families receiving early
intervention services.
A.
A Certified Early Intervention Service Broker shall participate in the state program to measure
child outcomes and ensure that each eligible child who receives early intervention services for six
(6) months or longer receives a child outcomes rating that is determined utilizing information
gathered through:
1.
Family interview;
2.
Professional observation; and
3.
Utilization of an appropriate assessment instrument to measure child outcomes as
defined by the Department.
B.
Required Timelines
1.
An entry rating shall be determined as soon as a baseline can be accurately established,
but no later than sixteen (16) weeks from the date of referral for early intervention
services for an eligible child, unless a child is younger than six (6) months of age. If the
child is less than six (6) months of age at the time of referral, the first measurement shall
occur once a child has reached the age of six (6) months; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
than sixteen (16) weeks from the date of referral for early intervention
services for an eligible child, unless a child is younger than six (6) months of age. If the
child is less than six (6) months of age at the time of referral, the first measurement shall
occur once a child has reached the age of six (6) months; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
40
2.
An exit rating shall be finalized no more than ninety (90) calendar days prior to the child’s
exit from early intervention services or the child’s third (3rd) birthday, whichever occurs
first. An exit rating is not required for a child who has been in early intervention services
for less than six (6) months.
C.
A Certified Early Intervention Service Broker shall ensure that all staff and contractors who are
responsible for documenting and reporting child outcomes progress data are trained in the
methods required by the Department and participate in required technical assistance activities.
D.
Child outcomes shall measure the percent of infants and toddlers with an Individualized Family
Service Plan, who:
1.
Have positive social emotional skills (including social relationships);
2.
Acquire and use knowledge and skills (including early language/communication); and
3.
Use appropriate behaviors to meet their needs.
5.117
FAMILY OUTCOMES MEASUREMENTS
This rule is promulgated pursuant to sections 26.5-3-403 and 26.5-3-410, C.R.S.
A.
A Certified Early Intervention Service Broker shall participate in statewide distribution and
collection of family outcomes measurements.
B.
A family outcomes survey shall be distributed to each parent or guardian who has a child
participating in early intervention services for at least six (6) months.
C.
Family outcomes shall measure the percent of families who have a child participating in early
intervention services for at least six (6) months who report that early intervention services have
helped the family:
1.
Know their rights;
2.
Effectively communicate their child’s needs; and
3
parent or guardian who has a child
participating in early intervention services for at least six (6) months.
C.
Family outcomes shall measure the percent of families who have a child participating in early
intervention services for at least six (6) months who report that early intervention services have
helped the family:
1.
Know their rights;
2.
Effectively communicate their child’s needs; and
3.
Help their child develop and learn.
5.118
TRANSITION STEPS AND SERVICES
This rule is promulgated pursuant to section 26.5-3-404, C.R.S.
A.
The service coordinator shall, prior to notifying the Special Education Administrative Unit in which
a child who is potentially eligible for preschool special education services resides and the
Department of Education, inform the parent or guardian of the opt-out policy, as defined in Rule
5.118(B).
1.
If a parent or guardian chooses to opt out of having their child’s information sent to the
Administrative Unit and the Department of Education for notification, the following shall
occur:
a.
The state form shall be completed to indicate that the parent or guardian has
signed a written request to withhold notification and is submitted by the parent or
guardian to the Certified Early Intervention Service Broker within ten (10)
calendar days of the date delineated on the form; and
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
41
b.
The state form shall become part of the child's record.
2.
A parent or guardian may revoke their choice to opt out at any time by providing written
notice to the Certified Early Intervention Service Broker.
B.
For the purpose of transition planning, the opt-out policy refers to the procedural safeguard
provided to a parent or guardian to prevent, through written request, the transmittal of personally
identifiable information about their child and family, as defined in Rules 5.103 and 5.118(D), to the
Administrative Unit and the Department of Education, at the time that a child is approaching three
r.
B.
For the purpose of transition planning, the opt-out policy refers to the procedural safeguard
provided to a parent or guardian to prevent, through written request, the transmittal of personally
identifiable information about their child and family, as defined in Rules 5.103 and 5.118(D), to the
Administrative Unit and the Department of Education, at the time that a child is approaching three
(3) years of age.
C.
For the purpose of transition planning, a child who is potentially eligible for preschool special
education services is defined as a child who is enrolled in early intervention services, and who:
1.
Has not met all outcomes on their Individualized Family Service Plan; and/or
2.
Is demonstrating a delay in any developmental domain, based on the expertise of a
member of the Individualized Family Service Plan team.
D.
A Certified Early Intervention Service Broker service coordinator shall notify, using the state form,
the Administrative Unit of a child who is potentially eligible, unless a parent or guardian has
signed the opt-out policy statement. The following information will be provided:
1.
The child’s first, middle and last name, date of birth, parent or guardian contact
information including name(s), address(es) and telephone number(s), will be provided:
a.
Not fewer than ninety (90) days and not more than nine (9) months prior to the
child’s third (3rd) birthday for any child with an active Individualized Family
Service Plan; or
b.
As soon as possible for a child determined eligible fewer than ninety (90) days
and more than forty-five (45) days prior to the child’s third (3rd) birthday.
2.
If a child is referred to the Certified Early Intervention Service Broker fewer than forty-five
not more than nine (9) months prior to the
child’s third (3rd) birthday for any child with an active Individualized Family
Service Plan; or
b.
As soon as possible for a child determined eligible fewer than ninety (90) days
and more than forty-five (45) days prior to the child’s third (3rd) birthday.
2.
If a child is referred to the Certified Early Intervention Service Broker fewer than forty-five
(45) days prior to the child’s third (3rd) birthday and the child may be eligible for
preschool special education services, the Certified Early Intervention Service Broker, with
written parental consent, shall refer the child to the Administrative Unit in which the child
resides.
E.
A Certified Early Intervention Service Broker service coordinator shall provide the Administrative
Unit, with written parental consent, current information for a child who is potentially eligible
regarding the child’s early intervention services, including assessment information, and a copy of
the most current Individualized Family Service Plan.
F.
A Certified Early Intervention Service Broker service coordinator shall establish a transition plan
within an Individualized Family Service Plan to support a smooth transition:
1.
Not fewer than ninety (90) days, and at the discretion of all parties, not more than nine (9)
months prior to the child’s third (3rd) birthday; or
2.
As soon as possible for a child referred at a later age whose eligibility was established
and an Individualized Family Service Plan was developed fewer than ninety (90) days
and more than forty-five (45) days prior to the child’s third (3rd) birthday.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
than nine (9)
months prior to the child’s third (3rd) birthday; or
2.
As soon as possible for a child referred at a later age whose eligibility was established
and an Individualized Family Service Plan was developed fewer than ninety (90) days
and more than forty-five (45) days prior to the child’s third (3rd) birthday.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
42
G.
The transition plan shall be developed with the family and shall include, at a minimum, the
following:
1.
A description of transition steps and services the Individualized Family Service team
determines necessary to support a smooth transition from early intervention services to
preschool special education services, under Part B of the Individuals with Disabilities
Education Act, which is discussed in Rule 5.104(A)(4), or other appropriate services; and
2.
A description of transition steps includes:
a.
As appropriate, how the child and their family will exit from early intervention
services;
b.
How a parent or guardian shall be informed of and included in the transition
process, including a review of the future placements and program options for the
child from the child’s third (3rd) birthday through the remainder of the school
year;
c.
Confirmation by the Certified Early Intervention Service Broker that the basic
personally identifiable information, discussed in Rule 5.118(D)(1), has been
transmitted to the Administrative Unit;
d.
With parental consent, confirmation of the transmission of additional information
needed by the administrative unit to ensure continuity of services from early
intervention services to Part B preschool special education services, including a
copy of the most recent evaluation and assessments of the child and the family,
and the most recent Individualized Family Service Plan;
e.
Procedures to prepare a child for changes in service delivery and strategies to
help a child adjust to and function in a new setting; and
f
nsure continuity of services from early
intervention services to Part B preschool special education services, including a
copy of the most recent evaluation and assessments of the child and the family,
and the most recent Individualized Family Service Plan;
e.
Procedures to prepare a child for changes in service delivery and strategies to
help a child adjust to and function in a new setting; and
f.
Any transition services and other activities that the Individualized Family Service
Plan team identifies as needed by the child, or their family, to support the
transition of the child.
H.
With documented verbal or written parental approval, a transition conference shall be convened
no later than ninety (90) days and, at the discretion of all participants, no earlier than nine (9)
months prior to a child's third (3rd) birthday.
1.
For a child who is potentially eligible, the participants at a transition conference shall
include:
a.
A parent or guardian of a child who is approaching three (3) years of age;
b.
The service coordinator; and
c.
Representative(s) from the administrative unit.
2.
If a representative of the Administrative Unit does not attend the transition conference for
a child who is potentially eligible, the Certified Early Intervention Service Broker service
coordinator shall conduct a transition conference as scheduled.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
43
3.
A Certified Early Intervention Service Broker service coordinator shall make reasonable
efforts to convene a transition conference for a child who is not potentially eligible for
preschool special education services to discuss appropriate services that the child may
receive, with the documented verbal or written approval of the parent or guardian. The
following participants shall attend the conference:
a.
Parent or guardian of a child who is approaching three (3) years of age;
b.
Service coordinator; and
c.
Providers of other appropriate services.
I
otentially eligible for
preschool special education services to discuss appropriate services that the child may
receive, with the documented verbal or written approval of the parent or guardian. The
following participants shall attend the conference:
a.
Parent or guardian of a child who is approaching three (3) years of age;
b.
Service coordinator; and
c.
Providers of other appropriate services.
I.
If the transition conference is held in combination with the Individualized Family Service Plan
meeting to develop the transition plan, the requirements of Rules 5.118(F)-(H), shall be met.
J.
A Certified Early Intervention Service Broker shall terminate early intervention services for a child
whose parent or guardian elects to begin IDEA Part B preschool special education services
provided through an Individualized Education Program prior to the child’s third (3rd) birthday in
lieu of receiving IDEA Part C early intervention services.
K.
Extended Part C Option
Definitions: For purposes of this Extended Part C Option, Part C Entity references early
intervention services (EIS) provider and Special Education Administrative Unit represents the
local education agency (LEA).
1.
The Extended Part C Option under IDEA Section 635(c) and 34 C.F.R § 303.211 applies
to children who:
a.
Are eligible for Early Intervention Part C;
b.
Are eligible for Part B preschool special education services under section 619 of
the Individuals with Disabilities Education Act; and
c.
Turn age three (3) between May 1 and the beginning of the school year for the
first year of implementation. The eligible birth date range may be reconsidered on
an annual basis to include earlier birthdates (with a range between January 1st
and May 1st), based on available funding, and will be communicated to
stakeholders on the early intervention website by August 1st for the following
calendar year
n age three (3) between May 1 and the beginning of the school year for the
first year of implementation. The eligible birth date range may be reconsidered on
an annual basis to include earlier birthdates (with a range between January 1st
and May 1st), based on available funding, and will be communicated to
stakeholders on the early intervention website by August 1st for the following
calendar year. (For example, if the eligible birth date range for 2023 would be
April 1, 2023 until the school year begins in 2023, the Department will post on its
website no later than August 1, 2022).
d.
For parent or guardians who elect this option, the Extended Part C Option will be
available from the eligible birth date until the beginning of the school year after
the child’s third (3rd) birthday.
2.
The Department is implementing the Extended Part C Option in collaboration with the
Colorado Department of Education for those children and their families who meet the
criteria for Extended Part C and ensures that:
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
44
a.
The requirements under IDEA sections 612(a)(7) (State eligibility), 616 and 642
(Monitoring, technical assistance, and enforcement), 618 (Program information),
632(5)(b) (Definitions) and 635(c) (Requirements for statewide system) as well
as implementing regulations in 34 C.F.R. § 303.21(c) (Definition of infant or
toddlers with a disability), § 303.209 (Transition to preschool and other
programs), § 303.211 (State option to make services under this part available to
children ages three (3) and older), § 303.340-344 (Individualized family service
plan), will remain in effect for all children over age three (3) when a parent or
guardian consents to the Extended Part C Option. The right of any child to
receive a free appropriate public education under Part B is not affected by this
policy.
b
, § 303.211 (State option to make services under this part available to
children ages three (3) and older), § 303.340-344 (Individualized family service
plan), will remain in effect for all children over age three (3) when a parent or
guardian consents to the Extended Part C Option. The right of any child to
receive a free appropriate public education under Part B is not affected by this
policy.
b.
All early intervention services outlined in the child's Individualized Family Service
Plan will continue while any eligibility determination is being made for Part B
preschool special education services.
c.
Parents or guardians receive a written explanation of:
(1)
The rights of parent or guardians to elect to receive early intervention
services pursuant to section 635(c) and 34 C.F.R. § 303.211 under the
Part C Extended Option or to receive free and appropriate public
education under Part B;
(2)
The differences between the supports provided pursuant to Section
635(c) and 34 C.F.R. § 303.211 and services provided under Section
619 (Preschool special education), including: (1) types of services and
the locations at which the services are provided; (2) applicable
procedural safeguards; and (3) possible costs, if any, to parents or
guardians of children eligible under Part C (including any fees to be
charged to families as described in Section 632(4)(b)), 34 C.F.R. §
303.209(f)(2);
(3)
During transition planning and while enrolled in the Extended Part C
Option, Part C procedural safeguards will apply. For disputes regarding
Part B eligibility, Part B procedural safeguards will apply; and
possible costs, if any, to parents or
guardians of children eligible under Part C (including any fees to be
charged to families as described in Section 632(4)(b)), 34 C.F.R. §
303.209(f)(2);
(3)
During transition planning and while enrolled in the Extended Part C
Option, Part C procedural safeguards will apply. For disputes regarding
Part B eligibility, Part B procedural safeguards will apply; and
(4)
IDEA Part C services such as service coordination and the differences
between IDEA Part B (free and appropriate public education in the least
restrictive environment) and IDEA Part C early intervention services in
natural environments which include the home and community settings
with nondisabled peers.
3.
The Extended Part C Option will be provided at no cost to families and will be funded
using the following as available: IDEA Part C funds, public benefits and/or insurance, and
private insurance.
4.
For children determined to be eligible for Part B preschool special education services, an
Individualized Education Program has been developed to ensure that an offer for a free
and appropriate public education under Part B is available to begin at age three (3).
5.
Before a child reaches three (3) years of age, the local Part C entity will obtain signed
informed written consent from the parent or guardian indicating their choice to continue
early intervention services pursuant to Section 635(c) and 34 C.F.R. § 303.211 and:
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
on under Part B is available to begin at age three (3).
5.
Before a child reaches three (3) years of age, the local Part C entity will obtain signed
informed written consent from the parent or guardian indicating their choice to continue
early intervention services pursuant to Section 635(c) and 34 C.F.R. § 303.211 and:
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
45
a.
The Special Education Administrative Unit will obtain written consent from the
parent or guardian for the initial provision of special education services as written
in the Individualized Education Program as beginning at the start of the school
year following their child’s third birthday; and
b.
The local Part C entity will ensure that the Special Education Administrative Unit
has a copy of the parent or guardian’s consent to remain in Part C services as
soon as possible and not later than ten (10) calendar days after receipt of the
consent.
6.
Individualized Family Service Plan services provided pursuant to Section 635(c) and 34
C.F.R. § 303.211 will include an educational component that promotes school readiness
and incorporates pre-literacy, language, and numeracy skills.
7.
When early intervention services are provided in accordance with Part C and 34 C.F.R. §
303.211 to a child who is eligible for services under section 619, the Special Education
Administrative Unit is not required to provide such child with a free and appropriate public
education during the time period of the extension of Part C services, pursuant to section
612(a)(1)(c).
8.
Children served pursuant to this section have the right, at any time, to receive a free and
appropriate public education (as that term is defined at 34 C.F.R. § 303.15) under Part B
of the Act instead of early intervention services under Part C of the Act. A parent or
guardian may elect to exit Part C at any time but if they elect to exit Part C, there will not
be the option to re-enter services at a later date.
9.
The Department shall submit to the U.S
at any time, to receive a free and
appropriate public education (as that term is defined at 34 C.F.R. § 303.15) under Part B
of the Act instead of early intervention services under Part C of the Act. A parent or
guardian may elect to exit Part C at any time but if they elect to exit Part C, there will not
be the option to re-enter services at a later date.
9.
The Department shall submit to the U.S. Department of Education, data and reports as
required, including under IDEA Section 618 a report on the number and percentage of
children with disabilities who are eligible for extending Part C based on their birth date,
and who are eligible for services under section 619 but whose parents or guardians
choose for such children to continue to receive early intervention services under Part C
until the subsequent school year following the child’s third birthday.
L.
The Department and the Colorado Department of Education have developed an interagency
operating agreement titled the “State Transition Memorandum of Understanding - Infants and
Toddlers with Developmental Disabilities and their Families Transitioning from Early Intervention
Services to Part B Special Education Services in accordance with the Individuals with Disabilities
Education Act (IDEA) of 2004” pursuant to section 26.5-3-404(3), C.R.S. This Memorandum of
Understanding (MOU) governs the process for a child’s transition from Part C to Part B and is
publicly available online at: https://www.cde.state.co.us/early/moupartctob and
https://dcfs.my.salesforce-sites.com/eicolorado/EI_Reports?p=reports&s=Reports-and-
Policies&lang=en.
5.119
PROCEDURAL SAFEGUARDS
This rule is promulgated pursuant to section 26.5-3-403, C.R.S.
A.
A Certified Early Intervention Service Broker shall have policies and procedures that are
consistent with 34 C.F.R. Sections 303.400, 303.401-417, 303.420-422, and 303.430-438 as
incorporated by reference in Rule 5.104(A)(5).
B
ce-sites.com/eicolorado/EI_Reports?p=reports&s=Reports-and-
Policies&lang=en.
5.119
PROCEDURAL SAFEGUARDS
This rule is promulgated pursuant to section 26.5-3-403, C.R.S.
A.
A Certified Early Intervention Service Broker shall have policies and procedures that are
consistent with 34 C.F.R. Sections 303.400, 303.401-417, 303.420-422, and 303.430-438 as
incorporated by reference in Rule 5.104(A)(5).
B.
A parent or guardian shall be given written information and a verbal explanation of the procedural
safeguards from the date of the referral through the determination of eligibility or ineligibility,
delivery of early intervention services, and exit from early intervention services at or before their
child’s third (3rd) birthday.
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
46
C.
A Community Centered Board shall ensure that all service coordinators demonstrate competence
in the following:
1.
Procedural safeguards;
2.
How and when those procedural safeguards are to be explained and provided to a parent
or guardian; and
3.
What documentation shall be maintained to demonstrate this information has been
appropriately provided to each parent or guardian.
D.
Parental rights include:
1.
Confidentiality
a.
Personally identifiable data, information, or records pertaining to a referred child
shall not be disclosed by a Certified Early Intervention Service Broker, any early
intervention service provider, or any personnel involved in dispute resolution to
any person other than their parent or guardian, except as provided in the federal
Health Insurance Portability and Accountability Act (HIPAA) of 1996, 42 U.S.C.
Section 1320, as amended, and the federal Family Educational Rights and
Privacy Act (FERPA) of 1974, 20 U.S.C. Section 1232g, as amended, as listed in
Rule 5.104(A)(4).
b.
A parent or guardian may voluntarily give written parental consent for the
exchange of confidential information to other parties.
c
ed in the federal
Health Insurance Portability and Accountability Act (HIPAA) of 1996, 42 U.S.C.
Section 1320, as amended, and the federal Family Educational Rights and
Privacy Act (FERPA) of 1974, 20 U.S.C. Section 1232g, as amended, as listed in
Rule 5.104(A)(4).
b.
A parent or guardian may voluntarily give written parental consent for the
exchange of confidential information to other parties.
c.
A Certified Early Intervention Service Broker shall ensure that all persons
collecting, maintaining, and using personally identifiable information receive
training to comply with state and federal confidentiality policies and procedures.
2.
Regarding access to records, a Certified Early Intervention Service Broker shall:
a.
Provide a parent or guardian, at no cost, a copy of each evaluation, assessment
of the child, family assessment and Individualized Family Service Plan. Copies
must be provided to a parent or guardian without unnecessary delay after each
Individualized Family Service Plan meeting, and in no case more than ten (10)
days after parental request;
b.
Allow parents or guardians to inspect and review any early intervention records
related to the child that are collected, maintained, or used by the agency for the
purposes of providing early intervention services;
c.
Comply with the request from a parent or guardian for access to records without
unnecessary delay, and in no case more than ten (10) days after the parent or
guardian makes the request to inspect and review records;
d.
Make available to a parent or guardian an initial copy of the child’s early
intervention record, at no cost to the parent or guardian without unnecessary
delay, and in no case more than ten (10) days after the parent or guardian makes
the request for a copy;
e.
Provide to the parent or guardian the opportunity to inspect and review only the
information relating to their child if any record includes information on more than
one child;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
arent or guardian without unnecessary
delay, and in no case more than ten (10) days after the parent or guardian makes
the request for a copy;
e.
Provide to the parent or guardian the opportunity to inspect and review only the
information relating to their child if any record includes information on more than
one child;
CODE OF COLORADO REGULATIONS
8 CCR 1405-1
Early Intervention Colorado Program
47
f.
Be allowed to charge a reasonable fee for providing additional copies of records,
provided the fee does not prevent a parent or guardian from exercising their right
to inspect and review the child’s early intervention record; however, the Certified
Early Intervention Service Broker shall not charge a fee to search for or retrieve
information for the parent or guardian;
g.
Upon a parent or guardian’s request, provide a response to the parent or
guardian for explanations and interpretations of their child’s records without
unnecessary delay, and in no case more than ten (10) days after the request has
been made;
h.
Provide a parent or guardian the right to have a representative, with written
consent by the parent or guardian, to inspect and review the records; and,
i.
Maintain a log of anyone obtaining access to records, including the name of the
individual, the date access was given, and the purpose for the access.
3.
Prior Written Notice
a.
Using the state form, prior written notice shall be provided to a parent or guardian
within a reasonable time before proposing or refusing to initiat
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.