Proposed State Rules
House Bill 483 of the 131st General Assembly transferred responsibility for implementing the Early Intervention services program from the Ohio Department of Health to the Ohio Department of Developmental Disabilities and charged the Ohio Department of Developmental Disabilities with adopting rules necessary to implement the program. The first of new rules to be developed, 5123:2-10-01 (Early Intervention Services - System of Payments) went into effect in 2017. Department staff have continued to work with system stakeholders since that time to develop three additional new rules. A public hearing on these proposed rules will be held January 3, 2019.
- Rule 5123-10-01 (Early Intervention Services - Procedural Safeguards) sets forth procedural safeguards in the Early Intervention system, including the provisions of parental consent and notice; retention, confidentiality, access to, and amendment of records; and dispute resolution.
- Rule 5123-10-02 (Early Intervention Services - Program) sets forth Early Intervention system requirements for eligibility, developmental screening, evaluation, assessment, individualized family service plan meetings and content, transition to preschool and other programs, service coordination, Early Intervention records, and exiting and transferring from the Early Intervention system.
- Rule 5123-10-04 (Early Intervention Services - Credentials for Early Intervention Service Coordinators and Early Intervention Service Coordination Supervisors) establishes minimum qualifications through credentialing standards for Early Intervention Service Coordinators and Early Intervention Service Coordination Supervisors. All persons working in these positions are required to hold the appropriate credential issued in accordance with the rule.
Additionally, the Department is proposing to rescind rule 5123:2-10-01 (Early Intervention Services - System of Payments) and adopt a new replacement rule of the same title numbered 5123-10-03. The rule establishes a system to pay for activities and expenses that are reasonable and necessary for implementing Ohio's Early Intervention system for eligible children and their families. The rule is being revised to change the rule number, align definitions and wording with that in the three new rules, clarify that "extraordinary medical expenses" does not include elective medical care, and eliminate the appendix to the rule (which will instead be Appendix C to new rule 5123-10-03).
You can access all of these rules on the DODD website in the "Rules under Development" section or the Register of Ohio. The rules are also available for review at each county board of developmental disabilities.
At the public hearing, the Department will accept verbal and/or written testimony on the proposed rule actions. Persons unable to attend the public hearing may submit written comments on the proposed rule actions. Any written comments received on or before the public hearing date will be treated as testimony and made available for public review. Submittal of written comments may be made to Becky Phillips, Administrative Rules Coordinator, by email to firstname.lastname@example.org or by U.S. mail to 30 East Broad Street, 12th Floor, Columbus, Ohio 43215-3414.