TITLE health-services

Part VIII. Interagency Council on Early Childhood Intervention

Chapter 621. Early Childhood Intervention

The Interagency Council on Early Childhood Intervention (ECI) proposes the repeal and replacement of §§621.121-621.128, concerning Case Management Services for Infants and Toddlers with Developmental Disabilities. Subchapter F will now be titled, "General Provisions for Case Management Services for Infants and Toddlers with Developmental Disabilities".

The purpose of the new sections is to establish the general provisions for case management services.

The ECI is contemporaneously proposing the review of Subchapter F, concerning Case Management Services for Infants and Toddlers with Developmental Disabilities (§§621.121-621.140) elsewhere in this issue of the Texas Register .

In conjunction with the repeal and replacement of §§621.121-621.128 and the review of Subchapter F, The Health and Human Services Commission is simultaneously proposing the repeal and replacement of §§355.9001-355.9010 and §§355.9012-355.9014, concerning Early Childhood Intervention: Case Management Services for Infants and Toddlers with Developmental Disabilities, elsewhere in this issue of the Texas Register .

Donna Samuelson, Deputy Executive Director, ECI, has determined that for the first five-year period the proposed sections will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Ms. Samuelson also has determined that for each year of the first five years the proposed sections are in effect, the public benefit anticipated as a result of enforcing the sections will be greater understanding of the general provisions for case management services. The General Provisions for Case Management Services rules will not have any adverse effects on businesses of any size. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Questions about the content of this proposal may be directed to Glenn Hart in ECI's Division of Provider Funding, at (512) 424-6830. Written comments on the proposal may be submitted to Glenn Hart, Division of Provider Funding, Texas Interagency Council on Early Childhood Intervention, 4900 North Lamar, Austin, Texas, 78751-2399, within 30 days of publication in the Texas Register .

Subchapter F. Case Management Services for Infants and Toddlers with Developmental Disabilities

25 TAC §§621.121-621.128

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Interagency Council on Early Childhood Intervention or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under Chapter 73 of the Human Resources Code, which provides the agency with the authority to administer public programs for developmentally delayed children, and under §531.021(a), Government Code, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds.

No other statutes, articles or codes are affected by the proposed repeals.

§621.121.Introduction.

§621.122.Definitions.

§621.123.Reimbursable Services.

§621.124.Recipient Eligibility for Early Childhood Intervention (ECI) Program Medicaid Case Management Services.

§621.125.Conditions for Medicaid Case Management Provider Participation.

§621.126.Qualified Personnel.

§621.127.Retention of Records.

§621.128.Provider Records.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 16, 1999.

TRD-9905166

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 424-6750


Subchapter F. General Provisions for Case Management Services for Infants and Toddlers with Developmental Disabilities

25 TAC §§621.121-621.128

The new sections are proposed under Chapter 73 of the Human Resources Code, which provides the agency with the authority to administer public programs for developmentally delayed children, and under §531.021(a), Government Code, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds.

No other statutes, articles or codes are affected by the proposed new sections.

§621.121.Introduction.

Case Management Services for Infants and Toddlers with Developmental Disabilities are included in the Texas Medical Assistance Program (Medicaid). The general operation of the Texas Early Childhood Intervention (ECI) program is governed by the Texas Interagency Council on Early Childhood Intervention Services.

§621.122.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1)

Assessment--The ongoing procedures used by appropriate qualified personnel throughout the period of a child's eligibility to identify:

(A)

the child's unique needs and strengths;

(B)

the family's strengths and needs related to their child's development; and

(C)

the nature and extent of intervention services needed by the child and the family in order to assess subparagraphs (A) and (B) of this paragraph.

(2)

Board--The entity designated as the lead agency by the Governor under Public Law 102-119. The Board has the final authority and responsibility for the administration, supervision, and monitoring of programs and activities under this system. The Board has the final authority for the obligation and expenditure of funds and compliance with all applicable laws and rules.

(3)

Caregiver--A person, such as a parent, foster parent, grandparent, child-care worker, who has responsibilities for the care of a child.

(4)

Case management--Services provided to assist eligible individuals in gaining access to needed medical, social, educational, developmental, and other appropriate services.

(5)

Case manager (service coordinator)--An Early Childhood Intervention (ECI) program staff person who is assigned to a child and/or family, who is the single contact point for families, and who is responsible for assisting and empowering families in accessing services and coordinating those services.

(6)

Developmental delay--A significant variation in normal development in one or more of the following areas as measured and determined by appropriate diagnostic instruments and procedures by an interdisciplinary team and by informed clinical opinion: cognitive development; physical development, including vision and hearing, gross and fine motor skills, and nutrition status; communication development; social and emotional development; and adaptive development or self-help skills.

(7)

Developmental disability--Children from birth to age three who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

(8)

ECI--The Texas Early Childhood Intervention Program.

(9)

Early Childhood Intervention (ECI) services--Individualized intervention services provided to children from birth to age three, and their families, as:

(A)

determined by the interdisciplinary assessment and listed in the individualized family services plan; and

(B)

provided in accordance with the rules of the Texas Interagency Council on Early Childhood Intervention Services in Chapter 621 of this title (relating to Early Childhood Intervention).

(10)

Individualized family services plan (IFSP)--A written plan, developed by the interdisciplinary team, based on all assessment and evaluation information and including the family's description of their strengths and needs, which outlines the intervention services for the child and the child's family.

(11)

Interdisciplinary team--The child's parent(s) and a minimum of two professionals from different disciplines who meet to share evaluation information, determine eligibility, assess needs, and develop the individualized family service plan (IFSP). The team must include the case manager (service coordinator) who has been working with the family since the initial referral, or the person responsible for implementing the IFSP, and a person directly involved in conducting the evaluations and assessments.

(12)

Intake--Process that begins with telephone or face-to-face contacts with the child's family to provide information about early intervention and case management and to assist the child and family in gaining access to the evaluation and the assessment process. This process establishes potential eligibility for ECI services, provides a basic introduction to the program's philosophy and operating procedures, gathers information needed for enrollment, and schedules and helps the family prepare for a comprehensive interdisciplinary evaluation and assessment. Pre-Plan of Care service coordination is provided as needed.

(13)

Monitoring--Periodic tracking, observation and follow up to ensure that services have been delivered, that services have been delivered on a timely basis, and that the services are addressing the clients' needs. Monitoring and follow up activities are conducted as needed and are documented in the child's case folder.

(14)

Needs assessment--The needs assessment is conducted and documented by the case manager in conjunction with the Medicaid client's family. The documentation lists medical, social, nutritional, educational, developmental, and other appropriate needs of the Medicaid client. Individuals found not to be eligible for early intervention services, or whose families choose not to enroll in early intervention services are to be referred to any appropriate alternative care or services.

(15)

Plan of care--Information gathered from the comprehensive needs assessment is incorporated into an individualized family services plan of care (IFSP). With family consent, family concerns, priorities and resources are identified and documented in the plan. The plan summarizes assessment results, includes the services necessary to enhance the development of the child and the capacity of the family to meet the child's unique needs, and must be coordinated with other service providers involved in delivery of services to the child and family.

(16)

Reassessment and Transition Planning--A reassessment of the client's progress and needs is conducted at least every six months. The case manager documents the reassessment in the client's case folder. At reassessment the case manager will determine if modifications to the service plan are necessary and if the level of involvement by the case manager should be adjusted. When services are no longer needed, or the child no longer qualifies for services, the case manager facilitates the planning, coordination, and transition to other appropriate care.

(17)

Service coordination--Through linkage, coordination, facilitation, assistance, anticipatory guidance, and the provision of information about the child's medical needs to other health care providers, the case manager ensures the recipient's access to the care, resources and services to meet the client's needs. The case manager may assist the family in making applications for services, confirm service delivery dates with ECI staff, providers and supports, and assist the family with scheduling needs. The case manager assists the family in taking responsibility for ensuring that services are performed, and works with medical providers, ECI staff, and other community resources to coordinate care.

(18)

Texas Health Steps--The name adopted by the State of Texas for the federally mandated Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program. It includes the State's Comprehensive Care Program extension to EPSDT.

(19)

Time and Financial Information (TAFI)--A combined cost report and time study report, collected quarterly from providers.

§621.123.Reimbursable Services.

(a)

Case management services are reimbursable to Medicaid providers who meet the conditions for provider participation as specified in §621.125 of this title (relating to Conditions for Case Management Provider Participation). Reimbursable case management services include face-to-face and telephone contacts with the child's caregiver on behalf of the child, or with other service providers or professionals on behalf of the child, for the purpose of assisting that child in gaining access to needed medical, social, educational, developmental, and other appropriate services. Case management providers are paid one flat monthly rate each month in which at least one reimbursable case management contact occurred.

(b)

Case management services are not reimbursable as Medicaid services when another payor is liable for payment or if case management services are associated with the proper and efficient administration of the state plan. Case management services associated with the following are not payable as optional targeted case management services under Medicaid:

(1)

Medicaid eligibility determinations and redeterminations;

(2)

Medicaid eligibility intake processing;

(3)

Medicaid preadmission screening;

(4)

Prior authorization for Medicaid services;

(5)

Required Medicaid utilization review;

(6)

Texas Health Steps program administration;

(7)

Medicaid "lock-in" provided for under the Social Security Act, §1915(a);

(8)

Services that are an integral or inseparable part of another Medicaid service;

(9)

Outreach activities that are designed to locate individuals who are potentially eligible for Medicaid; and

(10)

Any medical evaluation, examination, or treatment billable as a distinct Medicaid-covered benefit. However, referral arrangements and staff consultation for such services are reimbursable as case management services.

§621.124.Recipient Eligibility for Early Childhood Intervention (ECI) Case Management Services.

In order to receive ECI services, the recipient must meet the following criteria:

(1)

be eligible for Medicaid services during the month that the services are provided, and

(2)

have a developmental disability, as defined in §621.122 of this title (relating to Definitions). ECI providers must determine developmental disability based on the criteria described below:

(A)

Children are eligible who have a medically diagnosed physical or mental condition that has a high probability of resulting in developmental delay, including, but not limited to:

(i)

Down Syndrome and other chromosomal abnormalities;

(ii)

sensory impairments, including vision and hearing;

(iii)

inborn errors of metabolism;

(iv)

microcephaly;

(v)

failure to thrive;

(vi)

seizure disorders;

(vii)

fetal alcohol syndrome or fetal alcohol effects;

(viii)

testing positive for the Human Immunodeficiency Syndrome (HIV) virus after 15 months of age.

(B)

Children are eligible who are delayed in one or more of the following areas of development: cognitive, motor, communication, social-emotional, or adaptive skills. Eligibility must be verified by the determination of the specific level of delay by a test performance on a validated comprehensive developmental inventory or standardized test.

(C)

A qualified professional must observe and document atypical development during:

(i)

Administration of an assessment device, or

(ii)

Informal testing procedures in a variety of settings.

§621.125.Conditions for Case Management Provider Participation.

In order to be reimbursed for Early Childhood Intervention (ECI) services as specified in §621.123 of this title (relating to Reimbursable Services), a provider must:

(1)

be certified by the Texas ECI program as meeting the standards for service providers established by the Texas Early Childhood Intervention Program Services, as specified in this chapter;

(2)

comply with all applicable federal and state laws and regulations governing the services provided;

(3)

ensure that services are provided by appropriately qualified staff as specified in §621.126 of this title (relating to Qualified Personnel);

(4)

be enrolled and approved for participation as a provider in the Texas Medical Assistance (Medicaid) Program;

(5)

sign a written provider agreement with ECI or its designee;

(6)

comply with the terms of the provider agreement and all requirements of the Texas Medical Assistance Program, including regulations, rules, handbooks, standards, and guidelines published by ECI or its designee; and

(7)

bill for services covered by the Texas Medical Assistance Program in the manner and format prescribed by ECI or its designee.

§621.126.Qualified Personnel.

Early Childhood Intervention (ECI) case management services must be provided by case managers who meet the educational and work experience requirements, commensurate with their job responsibilities, as specified in §621.24(c)(4) of this title (relating to Recipient Eligibility for Early Childhood Intervention (ECI) Case Management Services); Texas Early Childhood Intervention Staff Qualification Policies (ECI Policy III.8); and who have also completed the ECI Case Management Curriculum.

§621.127.Retention of Records.

Providers of Early Childhood Intervention (ECI) services must maintain and retain all necessary records and claims, as specified in §621.128 of this title (relating to Provider Records), to fully document the services and supplies provided to a Medicaid recipient. These records must be made available promptly upon request to the Texas Early Childhood Intervention Program (ECI), the Texas attorney general's office, ECI's designee, and representatives of the United States Department of Health and Human Services. Upon request, the provider must submit copies of their records, at no cost, to representatives of the agencies specified in this section.

§621.128.Provider Records.

(a)

A provider must allow ECI and all appropriate federal and state agencies or their representatives to inspect, monitor, or evaluate client records, books, and supporting documents pertaining to Medicaid services provided. The provider and the subcontractors must make these documents available at reasonable times and for reasonable periods.

(b)

The provider must keep financial and supporting documents, statistical records, and any other records pertinent to the Medicaid services for which a claim or TAFI report was submitted to ECI or its agent. The records and documents must be kept for a minimum of five years after the end of the contract period or for five years after the end of the federal fiscal year in which services were provided (if a provider agreement/contract has no specific termination date in effect). If any litigation, claim, or audit involving these records begins before the five year period expires, the provider must keep the records and documents for not less than five years or until all litigation, claims, or audit finds are resolved. The case is considered resolved when a final order is issued in litigation, or ECI and provider enter into a written agreement. In this section, contract period means the beginning date through the ending date specified in the original agreement/contract; extensions are considered separate contract periods.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 16, 1999.

TRD-9905167

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 424-6750