1. Statewide Meeting May 16, 2012

2. Welcome!
Introductions
May 16th Agenda
Logistics

3. Overview Recognition of the year’s accomplishments
Statewide and local improvement efforts have resulted in high performance
The Public Performance Profiles for each CCB are posted on
16 CCBs have a status determination of “Meets Requirements”
4 CCBs have a status determination of “Needs Assistance”

4. Child Count
In the period of July 2011 through February 2012, 9,630 children received Early Intervention Services
The average monthly enrolled number of infants and toddlers receiving services is 6,314

5. Data Update Indicator 1 – Timely Services 96.11% 96.92%
APR Indicator
FFY 2010
FFY 11
(July - Dec 2011)
Indicator 1 – Timely Services
96.11%
96.92%
Indicator 7 – 45 Day Timeline
98.32%
98.99%
Indicator 8A – Transition Steps
and Services in IFSP
99.97%
99.33%
Indicator 8B – LEA Notification
100%
98.72%
Indicator 8C – Transition
Conference
97.89%
97.67%

6. C-Stat is a performance based analysis strategy that will allow every CDHS program to better focus on and improve performance outcomes
By identifying areas of focus, CDHS can determine what is working and what needs improvement
By measuring the impact of day-to-day efforts, CDHS will be able to make more informed, collaborative decisions to align efforts and resources to affect positive change

9. Fiscal Updates The FFY 2012-13 Part C Grant Funds increased by $60,936
The contract with JFK Partners will continue next year at the same funding level and NICU activities
The Family Cost Participation Report is available at but no decision has been made regarding implementation of a Family Cost Participation System
In FFY , EI Colorado will focus attention on increased collaboration with the Department of Health Care Policy and Financing and use of Medicaid funds for Early Intervention Services

10. Implementation of Required Changes in Federal and State Policies
Timeline
Implementation of Required Changes in Federal and State Policies
Statewide Meeting
Community Centered Board Training
Technical Assistance
EI CO State Team
Full Implementation of Part C of the IDEA Regulations
Rules
May 16 & 17, 2012
May 20-June 30, 2012
Ongoing
TA Calls-June 12 & July 12, 2012
July 1, 2012 
October 2012
November - December
CCB Early Intervention Coordinators will gain information that will enable them to train their staff on state and federal regulations
Recommendation: Service Coordinators, providers, administration will participate in training determined by CCB
EI CO and CDE staff will conduct a joint call in June on child identification and transition
EI CO will conduct a July call on other revised policies
EI CO staff will provide ongoing support to EI Coordinators to fully implement the revised Part C regulations
Target date for revised state rules
Technical assistance calls to support EI Coordinators in implementing revised state rules

11. TRANSITION

12. Transition
Discussion with family ongoing from beginning of early intervention experience
Review Family Guidebook III: Transition Planning
Local interagency agreement with Special Education Administrative Unit (AU)/Child Find to outline process

13. Transition Plan !!NEW!! !!NEW!!
All children shall have a Transition Plan developed
Transition Plan is developed as part of IFSP meeting
No separate “Transition Plan meeting”
Transition Plan page in IFSP document
Transition Plan is developed between 2 years 3 months and 2 years 9 months
As soon as possible for children referred at a later age
Transition Plan page has been revised to reflect Program Options, Transition Steps and Transition Services
!!NEW!!
!!NEW!!

14. Special Education AU Notification
One notification–potentially eligible children only
Notification to local AU and CDE
CCB notifies AU
Notification constitutes a referral to the AU for preschool special education evaluation and must be acted upon
EI Colorado State office notifies CDE
Notification must occur between 2 years 3 months and 2 years 9 months
Notification occurs as soon as possible for children referred at a later age
Opt-Out Policy must be presented to family prior to AU notification
!!NEW!!
!!NEW!!

15. AU Notification cont.
Special Education AU/School District Notification form
Parent chooses to opt out - no notification will be sent
Parent does not choose to opt out and does not give consent to share additional information – basic information only will be sent to AU
Parent does not choose to opt out and gives consent to share additional information – most current IFSP and assessment information will be sent to AU
In order to facilitate the inclusion of IFSP and assessment information in the process for IEP development, this information should be sent concurrently with the notification

16. Opt-Out Policy Opt-Out Policy must be given prior to AU Notification
Notice of Child and Family Rights and Procedural Safeguards brochure
Documented on Special Education AU/School District Notification form
Parent can change decision at any time
What if a parent previously opted-out and changes their mind?
Required timelines apply if possible
Otherwise treated as late referral

17. Transition Conference
Children who are potentially eligible:
Transition Conference is required
The conference shall occur between 2 years 3 months and 2 years 9 months
Required participants include parent(s), service coordinator and AU representative
Children who are not potentially eligible:
Reasonable efforts should be made to convene a Transition Conference
Required participants include parent(s), service coordinator and providers of other potential appropriate services
!!NEW!!
!!NEW!!

18. Transition Conference cont.
Transition Conference may be combined with IFSP meeting to develop Transition Plan
Required participants same as for IFSP meeting with the addition of the representative of the AU
Conference must occur during the prescribed timelines regardless of whether eligibility for Part B preschool special education services is known
Service coordinator responsible for working with AU representative to schedule with family
AU representative responsible for attending
!!NEW!!

19. Transition

20. Transition

21. Transition

22. Transition
Implications for Local Programs
Breakout Groups

23. CHILD IDENTIFICATION

24. Evaluation
Means the procedures used by qualified personnel to determine a child’s eligibility for early intervention
Is conducted in order to identify infants and toddlers with disabilities who are in need of early intervention services and who do not have an established condition
Shall be completed, along with initial assessment and IFSP meeting within 45 days after the child is referred to the EI Colorado Program

25. Assessment
Initial assessment means the assessment of the child and the family conducted prior to the child’s first IFSP meeting
Assessment means ongoing procedures used by qualified personnel to identify the child’s unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child’s eligibility
The results of the assessment of the child and family are the basis for the IFSP Team’s determination of which early intervention services would meet the needs of the child and his or her family in accordance with the requirements of an IFSP

26. Assessment Assessment of the child includes: The family assessment is:
Review of the results of the evaluation
Personal observation of the child
The identification of the child’s needs in each developmental area
The family assessment is:
Voluntary on the part of each family member participating
Based on information obtained through an assessment tool and family interview
Inclusive of the family’s description of resources, priorities, and concerns
!!NEW!!

27. SCREENING

28. Screening State Screening Policy
EI Colorado is considering the adoption of policies and procedures consistent with new Part C requirements. CCBs and AUs would have the ability to determine whether or not they wish to screen. However, if post-referral screening is conducted, all Part C requirements for post-referral screening shall be adhered to.
Implications of not having a state policy on screening
If the state does not adopt a state policy on screening, all children would have to have a full evaluation upon referral. There would be no option of post-referral screening.

29. Screening Pre-referral activities: Public awareness
Central Directory (website link)
Screening by referral sources such as:
Community
Physician’s office
Child care
Nurse visiting programs

30. Screening Referral to the EI System Means:
A child under the age of three who is referred for evaluation for early intervention services and is:
Suspected of having a disability, or
Subject of a substantiated case of child abuse or
neglect, or
Identified as directly affected by illegal substance abuse
or withdrawal symptoms resulting from prenatal drug
exposure
When a referral is made to the CCB or Child Find, it begins the child and family’s involvement in the EI System. Action shall be taken and these actions shall be documented.

31. Screening Post-referral activities:
Developmental screening due to a concern
Evaluation/Assessment
Family Assessment

32. Screening Part C requirements for screening (post referral)
Prior written notice
Consent to screen
Administration of appropriate screening instruments by personnel trained to administer those instruments
Prior written notice on results of screening
Parents copy of screening results
Must offer parent(s) option to have evaluation at any time during the screening process even if the child is not suspected of having a disability
Subject to the 45 day timeline
New
New
New
New
New

33. Screening No Post-referral Screening Policy
Ability to screen prior to full evaluation
Have to comply with state and federal regulations
CCBs/AUs do not receive funding for screening activities for children who do not proceed to evaluation
Local communities would not have the option of conducting a screening prior to going to a full evaluation

34. Screening Questions Under Consideration:
When it is determined a child needs to be screened and how is this information communicated to families, CCBs, Child Find?
Who can give families Prior Written Notice? Who can get consent?
Who is responsible for giving written screening results and prior written notice of the results?
What should be considered in determining who has the final say at the community level on whether to screen or not to screen?
If a screening shows no delays, but family still wants full evaluation, who is responsible for the evaluation?
Who can screen? (Child Find or the CCB service coordinator?)
Costs related to screening? or not?
Where is screening happening in the state?
If we do not adopt a state screening policy what are the implications?

35. Screening
Implications for Local Programs
Breakout Groups

36. Wrap-Up Discussion

37. Statewide Meeting May 17, 2012

38. Welcome Back!
Overview May 17th Agenda

39. PROCEDURAL SAFEGUARDS

40. Procedural Safeguards
This version should be given to families at the next scheduled meeting after July 1, 2012
Service coordinators should discuss sections of the brochure that pertain to the family during their monthly contact
All orders after June 1, 2012 will be filled with the new brochure and sent to CCBs beginning June 15, 2012

41. Procedural Safeguards
Consent
Consent shall be obtained before:
Administering screening
Any evaluation or assessment is conducted
Any Early Intervention Service is initiated
Public benefits or insurance or private insurance is used
Disclosure of personally identifiable information
Can no longer use hearing procedures to challenge parent’s refusal to provide consent (including consent to evaluate)

42. Procedural Safeguards
Prior Written Notice
Must be given to parent(s) within a reasonable time (10 days) before proposing or refusing to initiate or change the identification, evaluation, or placement of their child, or the provision of early intervention services to the child with a disability and that child’s family

43. Procedural Safeguards
Definition of Parent
If there are two or more individuals that qualify under the definition of parent, and the biological or adoptive parent is attempting to act as the parent, they are presumed to be the parent unless they do not have the legal authority to do so
A judicial decree or order that specifies the parent “trumps” everything

44. Procedural Safeguards
Surrogate Parents
CCBs must consult with the public agency that has been assigned care of the child if the child is a ward of the state
A surrogate parent may be appointed by the CCB or a judge (provided person meets the requirements)
Surrogate parent cannot be an employee of EI Colorado, or any other public agency that provides: early intervention services, education, care, or other services to the child or any family member of the child
After it is determined that a child needs a surrogate, the CCB must make reasonable efforts to ensure a surrogate is appointed within 30 days

45. Procedural Safeguards
Confidentiality
Who must maintain confidentiality?
Any individual, agency, entity, or institution that collects, maintains, or uses personally identifiable information to implement the requirements in Part C
Early Intervention Colorado/DDD
CCBs
Service Coordinators and Providers
* Does not include primary referral sources, or public agencies (Medicaid, CHP+, and private insurance companies) that act solely as funding sources for Part C.

46. Procedural Safeguards
Confidentiality
When does confidentiality apply?
From the time a child is referred until the participating agency is no longer required to maintain an EI record (six years)
Points to remember:
Upon request an initial copy of the child’s EI records shall be made available at no cost to the parent
Access to EI records shall occur no more than ten days after the parent makes the request

47. Dispute Resolution Dispute resolution options Mediation
Mediation shall be made available to parents to resolve disputes at any time, even prior to filing a complaint
If an agreement is reached resolving the dispute, both parties shall sign a legally binding agreement that states the resolution
All discussions that occur during mediation remain confidential

48. Dispute Resolution State complaints
Complaint shall allege a violation that occurred not more than one year prior to date complaint filed
Timeline: Shall be resolved within sixty days of the complaint being filed
Can extend timeline if both parties agree to extend the timeline to engage in mediation
The party filing the complaint shall send a copy of the complaint to the public agency or individual serving the child at same time the complaint is filed with the state
Gives the public agency or individual an opportunity to respond to complaint, and at state discretion, offer a resolution

49. Dispute Resolution Due Process
Shall be made available for all children referred to Part C, not just those found eligible
Early Intervention Colorado has chosen to adopt the Part C due process hearing procedures

50. CONTRACTS AND ALLOCATIONS

51. Contracts
EI Section of CCB contract is an exhibit within the FY 2013 Amendment
Electronic security requirements have been revised to be less specific
Auto insurance coverage requirement remains the same as in the current year’s contract
Privacy insurance policy remains the same as well

52. Allocations
The FY 2013 (July 1, 2012 – June 30, 2013) CCB Early Intervention Allocations will be finalized soon
Changes in the allocation criteria are being considered to adjust for differences between programs to account for:
Increased or decreased growth
Large vs. small programs
Individual Medicaid population data
Higher expected percentage of funding from Medicaid
Lower expected percentage of funding from Trust Fund

53. FISCAL MANAGEMENT AND ACCOUNTABILITY PROCEDURES

54. What is the FMAP?
Fiscal Management and Accountability Procedures (FMAP)
Federal and State Fiscal Requirements
Directives and Advisory Memos
TA Briefs

55. The FMAP Replaces* Directive Memorandums Advisory Memorandums
Evaluations for Infants and Toddlers for Eligibility Determination (2007)
Child Health Plan Plus (CHP+) Coverage for Early Intervention Services (2007)
Child Health Plan Plus (CHP+) Coverage for Early Intervention Services UPDATE (2007)
Targeted Case Management and Early Intervention Services (2009)
Advisory Memorandums
Medicaid Billing Instructions for Early Intervention Services (2010)
TA Briefs
Targeted Case Management Services (2010)
Financing Early Intervention Services: Funding Hierarchy and the Coordinated System of Payment (2009)
*Effective July 1, 2012

56. Section III Notable Changes
Direct Service allocation is based on actual monthly expenditures
Claimed through the CCMSWeb
Timely submission of claims is defined as no later than the 30th day of each month for all activities completed in the previous month
Effective FY 2012 – 13, Early Intervention Service Brokers shall report only on funds not claimed through CCMSWeb

57. Section IV Notable Changes
Clarifies criteria for evaluation and assessments
Initial Multidisciplinary Evaluation
>45 day
Refused
Initial Assessment
Established condition
IFSP from other state, developed within six months, that substantiates child’s eligibility
Medical documentation that substantiates eligibility
Annual Assessment covers cost of an annual assessment when additional expertise required

58. Section IV Notable Changes
“Early Intervention Colorado Evaluation Form” submitted for prior authorization only
Consistent with revision to the Medical Assistance Rule concerning Targeted Case Management Services, Section 8.760
Unit limitation of 240 units per child per state fiscal year

59. Section V Notable Changes
Limits the maximum reimbursement amount to the CCB maximum rate on file for each service type
Establishes guidelines for the reimbursement of Early Intervention Services
Documented on a child’s IFSP and authorized
Service claimed is consistent with the service description
Provider meets the personnel standards for the claimed service
Activities submitted for reimbursement are allowable for the service claimed
In cases where a service is provided in a group setting, the number of units claimed shall be split based on the number of children on IFSPs receiving that service in a group setting
Lists direct service expenses not covered by the Early Intervention Colorado Program

60. Section V Notable Changes cont.
Establishes guidelines for those activities NOT covered
Direct service, consultation or device provided or purchased without the appropriate documentation on the IFSP and authorization by the Early Intervention Service Broker
Direct service and consultation provided in a setting other than a natural environment without the required justification documentation recorded on a child’s current IFSP
Expenses associated with play groups operated by an Early Intervention Service Broker organization

61. Section V Notable Changes cont.
Standardizes unit definition
Direct service (individual or group), consultation and evaluation unit of service is defined as 15 minutes
All methods must occur with the child and caregiver present or involved as a participant
Assistive Technology Device unit of service is defined as “one time”
Transportation Services unit of service is defined as “dollar”
Primary Service Provider/Transdisciplinary Model Teaming (as defined by the CDHS) - upper unit limitation of 4 units per month per child
Documented on a child’s IFSP as Developmental Intervention Services
Other costs for service provision (interpreter services and provider travel costs) now have standard claims procedures

62. Section VI Notable Changes
Adds language to ensure compliance with 34 C.F.R., Section
Parents are provided with written notification of the no-cost and confidentiality provisions
The family shall be informed of the following protections:
Parental consent is required before personally identifiable info, for billing purposes, is disclosed to the public or private insurance carrier
A parent has the right to revoke his or her consent to the disclosure of personally identifiable information to the public or private health insurance carrier at any time and such revocation applies to any release of information that has not already been disclosed
The general categories of costs to a parent that may apply when accessing the public or private health insurance plan to pay for Early Intervention Services, such as co-payments or deductibles
In cases where a family does not have private or public health insurance, assistance may be provided to apply for health insurance, but the family shall not be required to apply in order to receive Early Intervention Services

63. Section VI Notable Changes cont.
“Health Insurance Authorization Form” is now used to obtain written authorization from a parent that his or her child’s health insurance plan (private and public) will be accessed in order to cover the cost of Early Intervention Services
Clarifies System and Family Exceptions to the use of Private or Public Health Insurance Plans
“Insurance Exemption Form” is now used for all insurance types and when completed a copy shall be submitted to the State office
Provides detailed information and claims procedures for each level of the Funding Hierarchy

64. Scenario 1: Child Insured by Medicaid or Private Health Insurance Subject to Section (1.3), C.R.S.
Funding Early Intervention Services brochure provided to family
Family informed about the protections under 34 C.F.R., Section
Written authorization obtained from a parent that his or her child’s health insurance plan will be accessed using the “Health Insurance Authorization Form”
The service coordinator shall assist the family in accessing the Early Intervention Services and follow the requirements outlined in the health insurance plan for prior authorization to submit a claim

65. Scenario 2: Child Insured by Non-Qualifying Health Insurance Plan
Funding Early Intervention Services brochure provided to the family
(notification)
Service Coordinator informs family of no cost and confidentiality provisions
Using the “Health Insurance Authorization Form” parent consent obtained to access child’s insurance for the initial provision of Early Intervention Services
The service coordinator shall assist the family in accessing the Early Intervention Services following the Funding Hierarchy and follows the requirements outlined in the health insurance plan for prior authorization to submit a claim
Each time there is an increase in frequency, length, duration or intensity documented on the IFSP consent shall be obtained using the “Health Insurance Authorization Form”

66. Why multiple consents?
Parental consent shall be obtained if the use of a child’s or parent’s public benefits or insurance would result in the following specified costs:
Decrease the available lifetime coverage or any other insured benefit for the child or parent
Result in the child’s parent paying for Early Intervention Services that would otherwise have been covered by the health insurance plan
Result in any increases in premiums or cancellation of public benefits or insurance for the child or parent as a result of such use
Risk the loss of eligibility for the child or the child’s parent for a HCBS Medicaid Waiver based on total health-related expenses
34 C.F.R., Section (a)(s)(ii)

67. Scenario 3: Child NOT Insured
Funding Early Intervention Services brochure provided to the family
Service Coordinator informs family of no cost and confidentiality provisions
Assistance may be provided to apply for health insurance, but the family shall not be required to apply in order to receive Early Intervention Services
The service coordinator shall assist the family in accessing the Early Intervention Services following the Funding Hierarchy
Service coordinator shall follow the appropriate steps to access health insurance in cases where a child’s insurance status changes

68. System Exceptions to using Health Insurance
A health insurance carrier denies coverage for Early Intervention Services or the service as defined by the Early Intervention Colorado Program is not a covered benefit
There are no qualified providers who contract with the insurance carrier for Early Intervention Services documented on the IFSP
There are no local service providers who will provide the Early Intervention Services in accordance with the IFSP
The cost of the co-payment or deductible is more costly than using other funding sources

69. If System Exception… Step 1: Complete “Insurance Exemption Form”
Step 2: Send copy to State office
Step 3: Add to child’s Early Intervention Record

70. Family Exceptions to using Health Insurance
The family declines to provide health insurance information to the Early Intervention Colorado Program
The family was asked and could not or did not provide documentation from the health insurance carrier
The family declines to give consent to access insurance benefits for the child because the use of the public or private health insurance would result in one of the system exceptions to the use of private or public health insurance plans

71. If Family Exception… Step 1: Complete “Insurance Declination Form”
Step 2: Send copy to State office
Step 3: Add to child’s Early Intervention Record

72. FMAP
Implications for Local Programs
Breakout Groups

73. EI SERVICE DEFINITIONS AND PERSONNEL QUALIFICATIONS

74. EI Service Definitions
Early Intervention Services means developmental services that –
Are designed to meet the developmental needs of an infant or toddler with a disability and the needs of the family to assist appropriately in the infant’s or toddler’s development, as identified by the IFSP team
34 CFR Section (a)(4)

75. EI Service Definitions
Early Intervention Services means developmental services that –
Are provided by qualified personnel…
To the maximum extent appropriate, are provided in natural environments…
Are provided in conformity with an IFSP…
34 CFR Section (a)(7)(8)(9)
Continued from Part C regulations

76. EI Service Definitions
Early Intervention Services shall be:
Provided only after the development of an IFSP and written parental consent is obtained for those services identified in the IFSP;
Provided to meet the developmental needs of an eligible infant and toddler and the needs of a parent or other caregivers to achieve the outcomes identified in the IFSP;
Based on appropriate peer-reviewed, evidence-based practices, to the extent practical, and related to functional outcomes and developmentally appropriate practices to support participation in everyday routines, activities and places;

77. EI Service Definitions
Early Intervention Services shall be:
Provided by qualified providers who meet the State Personnel Standards for each Early Intervention service;
Provided in a culturally relevant manner, including use of an interpreter, if needed;
Provided in the natural environments of the child and family to the maximum extent appropriate; and
Provided in physical settings where community-based Early Intervention Services are accessed that meet all fire, building, licensing and health regulations, as applicable.
2 CCR

78. EI Service Definitions
Previously:
Fourteen allowable Early Intervention Services
Services Removed:
Respite Care
Service Coordination
As of July 1, 2012:
Fifteen allowable Early Intervention Services
Services Added:
Medical Services
Nursing Services
Sign Language and Cued Speech

79. EI Service Definitions
Service definitions expanded for :
Assistive Technology Services
Audiology Services
Health Services
Physical Therapy Services
Speech Language Pathology Services
Vision Services

80. EI Service Definitions
Documenting Assistive Technology on the IFSP: A Quick Guide
Collaboration between EI Colorado and AT Partners
Interactive flow chart to aid in determination of when AT is needed as a service or device and how to document that need within the IFSP

81. EI Personnel Qualifications
Process:
Existing personnel qualifications were reviewed to assure adherence to current minimum standards and regulatory agency
Qualified personnel for newly added services determined
Personnel qualified only under supervision noted
Reviewed by multidisciplinary team
Comments and changes incorporated

82. EI Personnel Qualifications
Personnel Waivers
Temporary
Personnel must be making satisfactory progress toward meeting state standards
Working under the supervision and direction of a person that meets the requirement for their profession or discipline
Procedures
Requested in writing (template on EI Colorado website)
Submit current certification, licensure and/or educational record
Reviewed annually

83. TEAMING IN EARLY INTERVENTION

84. Teaming Characteristics
Necessary to implement the Primary Provider/Transdisciplinary Model
Families are a critical part of the team
Team crosses disciplinary boundaries
Team members accept and accentuate each other's knowledge and strengths to benefit the team, the child and the family
Notes: These are characteristics of Transdisciplinary teams. Note that a family may be present at a team meeting regarding their child, but even if they are not at the team meeting, they are an integral part of the team and all ideas and strategies discussed should be thought of in that regard and the family consulted as soon as possible. The primary provider brings their knowledge of the family to the team if the family is not present.

85. Teaming Beliefs of the Transdisciplinary Model
Children's development is integrated and interactive
Children must be served within the context of the family
Families have the greatest influence on their children's development

86. Teaming Purpose of team meetings
To determine strategies necessary to support the child and family in making progress toward an outcome on the IFSP
To discuss implementation of strategies documented on the IFSP
To maximize communication, interaction and cooperation among team members

87. Teaming Documentation on the IFSP
Explain the primary provider/transdisciplinary model to the family
Review the related EI Colorado brochure
Document primary service necessary to implement strategies on the IFSP Agreement Page
Method: Consult
If service model is transdisciplinary, document teaming as follows:
Service: Developmental Intervention
Method: Consult/Teaming
Frequency: individualized, up to one hour per month, noted in 15 minute increments

88. Teaming For activities that occur during a team meeting:
Include in each child’s record the discussion including any new strategies developed or discussed
Record the date, names and roles of providers in attendance
If family members attend, no other children may be discussed during their attendance

89. FERPA/HIPAA

90. FERPA/HIPAA
HIPAA (Health Insurance Portability and Accountability Act) regulates the sharing of medical information
FERPA (Family Educational Rights and Privacy Act) regulates the sharing of educational records
FERPA applies to educational agencies and institutions that receive funds under any program administered by the U.S. Department of Education

91. FERPA/HIPAA
Records on services provided to students under the Individuals with Disabilities Education Act (IDEA), are “education records” under FERPA
34 CFR (b)(2) Education records or records means early intervention records
Part C regulations clarify that sections through ensure the protection of the confidentiality of any personally identifiable data, information and records collected or maintained are in accordance with FERPA

92. FERPA/HIPAA
Confidentiality procedures apply from the point in time when the child is referred for early intervention services. This means that parental consent is not required to make a referral to Early Intervention Services
Some primary referral sources may be required to obtain consent prior to making a referral under other applicable laws

93. FERPA/HIPAA
Directory information means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed
HIPAA allows for directory information to be disclosed without specific details regarding medical information
FERPA would not allow for the release of directory information for a child and family who are receiving Early Intervention Services
Example . . .

94. FERPA/HIPAA
Now to confuse things CFR (d) Disclosure of information The lead agency must disclose to the SEA and the LEA the following personally identifiable information The information described Is needed to enable the lead agency, as well as LEAs and SEAs under part B of the Act, to identify all children potentially eligible for services under (not applicable in Colorado) and part B of the Act.
Opt-Out policy

95. FERPA/HIPAA What about legal requests to release information
34 CFR 99.31(a)(9)(ii) The educational agency or institution may disclose information under paragraph (a)(9)(i) of this section only if the agency or institution makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action . . .

96. FERPA/HIPAA Early Intervention Colorado Referral and Release form
Includes section for parent to authorize release of information back to the referral source

98. FERPA/HIPAA Early Intervention Colorado Referral Status Update form
Provides basic update information regarding the referral
Parent consent required to share additional information, including eligibility information
Sample Authorization to Release Information form
Meets requirements for both FERPA and HIPAA
Does not allow for the re-disclosure of information

101. FERPA/HIPAA In general Early Intervention records must:
Be kept in a secure environment
Have an access log
Be kept confidential unless parental consent is obtained
Not be re-disclosed
Be exchanged in a secure manner

102. STUMP THE STATE

103. Wrap-Up Discussion

104. Thank You for Participating in the Early Intervention Colorado Statewide Meeting!!!