DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HB No. 375
Abstract: Provides for the EarlySteps childhood disability intervention program and the La.
State Interagency Coordinating Council for EarlySteps. Authorizes a fee schedule known
as cost participation for services of the program.
Proposed law deletes present law in Title 17 of the La. Revised Statutes of 1950 (R.S. 17:1971-
1979), relative to ChildNet: La.'s Early Intervention Program for Infants and Toddlers with
Special Needs and their Families.
Proposed law recreates and revises certain provisions of present law relative to the ChildNet
Program; changes the program name to "EarlySteps: La.'s Early Intervention Program for Infants
and Toddlers with Disabilities and their Families"; and locates provisions relative to the
EarlySteps Program in Title 28 of the La. Revised Statutes of 1950.
Proposed law provides legislative findings relative to infants and toddlers with disabilities and
their families, and defines terms used in proposed law.
Proposed law provides for policies, goals, and requirements of a statewide comprehensive,
coordinated, multidisciplinary, interagency system to provide early intervention services for
infants and toddlers with disabilities and their families. Further provides for procedural
safeguards which shall be included in such statewide system.
Proposed law provides for requirements of individualized family service plans for infants,
toddlers, and families who receive services through the EarlySteps program.
Proposed law authorizes the use of funds for the following purposes:
(1)Implementing and maintaining the statewide system providing early intervention services.
(2)Providing direct early intervention services for infants and toddlers with disabilities and
their families as provided in proposed law that are not otherwise funded through public or
private sources.
(3)Expanding and improving services for infants and toddlers and their families as provided
in proposed law that are otherwise available.
(4)Strengthening the statewide system by initiating, expanding, or improving collaborative efforts related to at-risk infants and toddlers, including establishing linkages with
appropriate public or private community-based organizations, services, and personnel.
Proposed law stipulates that funds provided to implement provisions of proposed law may not be
used to satisfy a financial commitment for services that would have been paid for from another
public or private source, including any medical program administered by the U.S. Secretary of
Defense, but for the enactment of proposed law; except that whenever considered necessary to
prevent a delay in the receipt of appropriate early intervention services by the infant or toddler or
family in a timely fashion, funds provided pursuant to the provisions of proposed law may be
used to pay the provider of services pending reimbursement from the agency that has ultimate
responsibility for the payment.
Proposed law provides that nothing in proposed law shall be construed to permit La. to reduce
medical or other assistance available or to alter eligibility pursuant to Title V of the Social
Security Act relating to maternal and child health, or Title XIX of the Social Security Act relating
to Medicaid for infants or toddlers with disabilities, within the state of La.
Proposed law authorizes DHH to establish a statewide system of payments for services provided
pursuant to proposed law which comports with federal regulations relative to early intervention
programs for infants and toddlers with disabilities and their families (34 CFR Part 303). Further
provides that in implementing such system of payments, DHH:
(1)Shall promulgate rules for the reimbursement of services from all third-party payers, both
private and public.
(2)Shall, in the first instance and where applicable, seek payment from all third-party payers
prior to claiming payment from the early intervention system for services rendered to
eligible children.
(3)May pay directly to a provider any required deductible, copayment, coinsurance, or other
out-of-pocket expense for a child who is eligible for services from the early intervention
system.
(4)Shall promulgate rules that establish a schedule of monthly cost participation for early
intervention services per qualifying family. Proposed law defines "cost participation" as
fees or other charges through which families share in the cost for services provided
pursuant to proposed law.
Proposed law authorizes DHH to establish procedures by which a service provider may notify the
department that a family is not complying with the cost participation requirements and
procedures for suspending services.
Proposed law requires DHH to include in the cost participation schedule a statement of assurance
that fees are not charged for services which a child is otherwise entitled to receive at no cost to
parents, including child find activities, evaluation and assessment for eligibility and individualized family service planning, service coordination, administrative and coordinative
activities related to development review, evaluation of individualized family service plans, and
implementation of procedural safeguards and other components of the statewide system provided
for in proposed law.
Proposed law requires DHH to provide prior notification in writing to families relative to use of
public or private insurance according to requirements provided in federal regulations. Also
requires DHH to ensure that procedures utilized to resolve disputes related to use of insurance to
cover services will not delay or deny the parents' rights or the child's ability to access timely
services.
Proposed law provides that the aggregate contributions made by the parent for services provided
pursuant to proposed law shall not exceed the aggregate cost of the services, inclusive of any
amount received from other sources of payment for a service.
Proposed law provides that at least annually, or at any time the department determines is
warranted, the lead agency shall conduct a reassessment of the parents' financial status. Provides
that a parent may request such reassessment at any time when significant changes in financial
circumstances may affect the calculation of the cost participation amount.
Proposed law creates and provides for the membership of the La. State Interagency Coordinating
Council for EarlySteps: La.'s Early Intervention Program for Infants and Toddlers with
Disabilities and Their Families, referred to hereafter as "the council".
Proposed law provides that subject to the approval of the governor, the council may use funds
provided pursuant to the provisions of proposed law for the following purposes:
(1)To conduct hearings and forums.
(2)To reimburse members of the council for reasonable and necessary expenses for attending
council meetings and performing council duties.
(3)To pay compensation to a member of the council if the member is not employed or must
forfeit wages from other employment when performing official council business.
(4)To obtain the services of professional, technical, and clerical personnel as may be
necessary to carry out its functions as provided in proposed law.
Proposed law requires that the council hire an executive director who shall be an unclassified
employee of the office of the governor.
Proposed law provides that the council shall have the following duties:
(1)To advise and assist DHH in the performance of the responsibilities established pursuant
to the provisions of proposed law. (2)To advise and assist DHH in the preparation of applications and amendments thereto.
(3)To advise and assist the department regarding the transition of toddlers with disabilities to
preschool and other appropriate services.
(4)To prepare and submit an annual report to the governor and to the U.S. Secretary of
Education on the status of early intervention programs for infants and toddlers with
disabilities and their families operating in La.
Proposed law provides that the council may advise appropriate agencies in the state with respect
to the integration of services for infants and toddlers with disabilities and at-risk infants and
toddlers and their families, regardless of whether at-risk infants and toddlers are eligible for early
intervention services in the state.
Proposed law stipulates that no member of the council shall cast a vote on any matter which
would provide direct financial benefit to that member or otherwise give the appearance of a
conflict of interest.
Proposed law provides that all administrative rules relative to the ChildNet program promulgated
by the Dept. of Education shall remain effective and shall be deemed to have been promulgated
by DHH until such time as those rules may be revised and repromulgated to provide for the
EarlySteps program in accordance with the provisions of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 36:4(R); Adds R.S. 28:461-470; Repeals R.S. 17:1971-1979)