Part 8. INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION

Chapter 621. EARLY CHILDHOOD INTERVENTION

The Interagency Council on Early Childhood Intervention (ECI) adopts the repeal and replacement of §§621.121 - 621.128, concerning Case Management Services for Infants and Toddlers with Developmental Disabilities. Sections 621.121 - 621.123, 621.125 - 621.128 are adopted without changes to the proposed text as published in the August 27, 1999, issue of the Texas Register (24 TexReg 6627) and will not be republished. Section 621.124 is adopted with changes and will be republished.

Subchapter F is now 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 and to clarify some of the definitions of case management services. The new sections also consolidate the previous six descriptive modifiers into four revised modifiers.

The ECI is contemporaneously adopting 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 adopting the repeal and replacement of 1 TAC §§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 .

The ECI received one comment regarding the proposed General Provisions for Case Management Services for Infants and Toddlers with Developmental Disabilities. No comments were received regarding the proposed Reimbursement Methodology for Case Management Services for Infants and Toddlers with Disabilities.

In §621.124, the proposed wording states:

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

The commenter preferred the following wording:

"In order to receive Medicaid Targeted Case Management Services, the recipient must meet the following criteria..."

The ECI has changed the statement to be consistent with the remainder of the section as shown:

"In order to receive ECI case management services, the recipient must meet the following criteria..."

Subchapter F. CASE MANAGEMENT SERVICES FOR INFANTS AND TODDLERS WITH DEVELOPMENTAL DISABILITIES

25 TAC §§621.121 - 621.128

The repeals are adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2000.

TRD-200000124

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Effective date: January 30, 2000

Proposal publication date: August 27, 1999

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

25 TAC §§621.121 - 621.128

The new sections are adopted 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.

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

In order to receive ECI case management 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2000.

TRD-200000125

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Effective date: January 30, 2000

Proposal publication date: August 27, 1999

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