(a) The service coordinator shall obtain written parental consent before:
(1) The initial evaluation and assessment of an infant or toddler is conducted; and
(2) Early intervention services are initiated.
(b) The infant's or toddler's record shall contain written evidence that the parent has been informed:
(1) Of information relevant to the evaluation, assessment, early intervention service, or exchange of records for which consent is sought, in the language of the parent's choice, and agrees to the completion of the evaluation or assessment and the provision of early intervention services;
(2) That consent is voluntary and may be revoked at any time;
(3) That he/she may accept or decline any early intervention service and may decline such service after first accepting it, and continue to receive other early intervention services; and,
(4) About who will receive the records and a listing of the records to be exchanged.
(c) If consent is not given or is withdrawn, the regional center or LEA service coordinator shall ensure:
(1) That the parent has been informed of the nature of the evaluation and assessment or the early intervention services that would have been provided;
(2) That the parent has been informed that the infant or toddler will not receive the evaluation and assessment or early intervention services unless consent is given; and,
(3) That the infant's or toddler's record contains documentation of the attempts to obtain consent.
(d) Regarding the use of an infant's or toddler's or parent's public benefits or public insurance to pay for early intervention services, regional centers:
(1) May not require a parent to enroll in public benefits or public insurance programs as a condition of receiving early intervention services and must obtain consent prior to using the public benefits or public insurance of an infant or toddler or parent if that infant or toddler or parent is not already enrolled in such a program;
(2) Must obtain consent to use an infant's or toddler's or parent's public benefits or public insurance to pay for early intervention services if that use would:
(A) Decrease available lifetime insurance coverage or any other public benefit for the infant or toddler or parent under that program;
(B) Result in the infant or toddler or parent paying for services that would otherwise be covered by the public benefits or public insurance program;
(C) Result in any increase in premiums or discontinuation of public benefits or public insurance for the infant or toddler or parent; or
(D) Risk loss of eligibility for the infant or toddler or parent for home and community-based waivers based on aggregate health-related expenditures.
(3) Must still make available those early intervention services on the IFSP to which the parent has provided consent, when the parent has not provided consent to the use of the infant's or toddler's or parent's public benefits or public insurance.
(e) Prior to using an infant's or toddler's or parent's public benefits or public insurance to pay for early intervention services, regional centers must provide written notification to the infant's or toddler's parents. The notification must include:
(1) A statement that parental consent must be obtained before the Department of Developmental Services or an early intervention provider discloses, for billing purposes, an infant's or toddler's personally identifiable information to the State public agency responsible for the administration of the State's public benefits or public insurance program;
(2) A statement of the no-cost protection provisions in paragraph (d) of this section and that if the parent does not provide the consent under paragraph (d) of this section, the Department of Developmental Services must still make available those early intervention services on the IFSP for which the parent has provided consent;
(3) A statement that the parents have the right to withdraw their consent to disclosure of personally identifiable information to the State public agency responsible for the administration of the State's public benefits or public insurance program at any time.
(f) Regarding the use of private insurance or benefits of an infant or toddler or parent to pay for early intervention services, regional centers:
(1) May use the infant's or toddler's or parent's private insurance to pay for evaluation, assessment, and required early intervention services to meet the infant's or toddler's needs, as specified on the infant's or toddler's IFSP.
(2) Are not required to obtain parental consent prior to using the infant's or toddler's or parent's private insurance. The use of the infant's or toddler's or parent's private insurance shall comply with Government Code section 95004(c).
(3) Must not delay the provision of early intervention services specified in the IFSP, on account of utilizing the infant's or toddler's or parent's private insurance. Early intervention services specified on the IFSP must begin as soon as possible.
Credits
Note: Authority cited: Sections 95001, 95009 and 95028, Government Code. Reference: Section 1439, Title 20 United States Code; Sections 303.401(a)(1)-(3), 303.404(a), 303.404(b), 303.405 and 303.520, Title 34 Code of Federal Regulations; and Sections 95003 and 95004, Government Code.
History
1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. New section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1-98 order, including amendment of Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).
5. New subsections (d)-(f)(3) and amendment of Note filed 5-12-2022; operative 5-12-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 19).
This database is current through 5/10/24 Register 2024, No. 19.
