902 Ky. Admin. Regs. 30:160

Current through Register Vol. 51, No. 6, December 1, 2024

Section 902 KAR 30:160 - Covered services

RELATES TO: KRS 200.656, 34 C.F.R. 303.13, 303.421(c), 20 U.S.C. 1435,

NECESSITY, FUNCTION, AND CONFORMITY: KRS 200.660 requires the Cabinet for Health and Family Services to administer all funds appropriated to implement provisions of KRS 200.650 to 200.676, to enter into contracts with service providers, and to promulgate administrative regulations. This administrative regulation establishes the provisions of covered services under First Steps, Kentucky's Early Intervention Program.

Section 1. Covered Services.

(1) Services shall be covered if the services are included and authorized through parent signature on the Individualized Family Service Plan (IFSP) developed by an IFSP team which shall include, at a minimum, the family and two (2):

(a) Professionals as identified in 902 KAR 30:150, Section 2(1);

(b) Paraprofessionals as identified in 902 KAR 30:150, Section 2(2); or

(c) Service positions as identified in 902 KAR 30:150, Section 2(3).

(2) Services covered shall include:

(a) Service coordination as provided in accordance with 902 KAR 30:110, Section 3, and this paragraph:

1. A child shall have only one (1) designated service coordinator at a given time;

2. Service coordination shall be provided by qualified professionals in accordance with 902 KAR 30:150, Section 2(3)(b); and

3. Service coordination shall be provided under the limitations of 902 KAR 30:200, Sections 2(3)(b)-(d);

(b) Initial evaluation as provided in accordance with 902 KAR 30:120 and this paragraph. Initial evaluation shall be:

1. Considered the first level of a two (2) tier system of evaluation; and

2. Provided by qualified professionals in accordance with 902 KAR 30:150, Section 2(3)(c) and (d);

(c) Intensive team evaluation as provided in accordance with 902 KAR 30:120, Section 1(4) and (5)(b), and this paragraph. Intensive team evaluation shall be:

1. Considered the second level of a two (2) tier system of evaluation; and

2. Provided by qualified professionals in accordance with 902 KAR 30:150, Section 2(3)(e);

(d) Assessment of the child as provided in accordance with 902 KAR 30:130, Section 1, and 902 KAR 30:200, Section 3(1);

(e) Early intervention.

1. Early intervention shall be provided in accordance with 34 C.F.R. 303.13(a) through (b).

2. Except as provided in subparagraph 3. of this paragraph, early intervention, which is face-to-face intervention with the child and caregivers within the context of the environment, shall include four (4) types of service:

a. Individual home or community service which shall include intervention provided by a First Steps qualified professional to an eligible child at the child's home or other natural setting in which children under three (3) years of age are typically found (including non-First Steps provider day care centers or family day care homes) under the limitations of 902 KAR 30:200, Section 3(2);

b. Individual office or center-based service which shall include intervention provided by First Steps qualified professionals to an eligible child at the professional's office or center site under the limitations of 902 KAR 30:200, Section 3(2);

c. Group intervention which shall include the provision of early intervention services by First Steps qualified personnel in a group, with two (2) or more eligible children, at an early intervention professional's site, office, center, or other community-based setting where children under three (3) years of age are typically found.

(i) The group may also include children without disabilities as long as a three (3) to one (1) ratio of children to staff is maintained.

(ii) Group intervention shall be provided under the limitations of 902 KAR 30:200, Section 3(2)(b); or

d. Co-treatment which shall occur if more than one (1) provider is present and providing early intervention services at the same time. Each provider's service log shall document:

(i) Why this approach is being used;

(ii) The outcomes and activities;

(iii) Who is performing the activities; and

(iv) That the service providers involved are providing or learning about the early intervention at the same time.

3. If early intervention services are provided by a psychologist, counselor, marriage and family therapist, or social worker, the child shall not be required to attend the intervention. The reason the child's presence is clinically contraindicated shall be documented in the service note.

4. Disciplines providing early intervention shall be qualified professionals in accordance with 902 KAR 30:150, Section 2(1), or qualified paraprofessionals in accordance with 902 KAR 30:150, Section 2(2), and shall include the following:

a. An audiologist;

b. A marriage and family therapist;

c. A developmental interventionist;

d. A nurse;

e. A dietician;

f. An occupational therapist;

g. An occupational therapy assistant;

h. An orientation and mobility specialist;

i. A physical therapist;

j. A physical therapist's assistant;

k. A licensed psychologist, a certified psychologist with autonomous functioning, a licensed psychological practitioner, certified psychologist, or licensed psychological associate;

l. A speech-language pathologist;

m. A licensed social worker;

n. A licensed professional clinical counselor (LPCC);

o. A teacher of the visually impaired;

p. A teacher of the deaf and hard of hearing;

q. A physician;

r. An optometrist;

s. An ophthalmologist; or

t. A sign language and cued language specialist;

(f) Collateral service as provided in accordance with 902 KAR 30:200, Section 3(4);

(g) Assistive technology in accordance with 902 KAR 30:001, Section 1(3), and 30:130, Section 4;

(h) Respite which shall be a service provided to the family of an eligible child for the purpose of providing relief from the care of the child in order to strengthen the family's ability to attend to the child's developmental needs under the limitations of 902 KAR 30:200, Section 3(3);

(i) Transportation and related cost which shall be the costs of travel that are necessary to enable an eligible child to receive early intervention services; and

(j) Language access services for all families consistent with the provisions of the Individuals with Disabilities Education Improvement Act (IDEA), 34 C.F.R. 303.421(c), that, at a minimum, assists the family in understanding the purpose of First Steps and the family's procedural safeguards during referral, eligibility determination activities, and IFSP meetings.

902 KAR 30:160

23 Ky.R. 3145; Am. 3863; eff. 6-16-1997; 25 Ky.R. 670; 1417; eff. 1-19-1999; Recodified from 908 KAR 2:160, 10-25-2001; Recodified from 911 KAR 2:160, 5-17-2010; 37 Ky.R. 536; 1282; 1680; eff. 2-4-2011; 39 Ky.R. 2422; eff. 10-16-2013; 40 Ky.R. 2887; eff. 10-15-2014; Cert. eff. 6-15-2021.

STATUTORY AUTHORITY: KRS 194A.030, 194A.050, 200.660