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The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since May 1, 2012, please see the codification segue page.

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Rule R398-20. Early Intervention.

As in effect on May 1, 2012

Table of Contents

R398-20-1. Authority and Purpose.

This rule implements the early intervention program under Part C of the Individuals with Disabilities Education Act (IDEA) and implementing regulations found at 34 CFR 303.500 for children with disabilities under three years of age, and their families. It is authorized by Utah Code Section 26-10-2.

The Utah Department of Health is designated as the lead agency responsible for the administration of the program.

R398-20-2. Services.

(1) The Department provides the following services to eligible individuals and their families, based on individual assessment as required by the IDEA implementing regulations:

(a) Assistive technology;

(b) Audiology services;

(c) Family training, counseling, and home visits;

(d) Health services;

(e) Medical services, but only for diagnostic or evaluation purposes;

(f) Nursing services;

(g) Nutrition services;

(h) Occupational therapy;

(i) Physical therapy;

(j) Psychological services;

(k) Service Coordination;

(l) Social work services;

(m) Special instruction;

(n) Speech-language pathology services;

(o) Transportation; and

(p) Vision services.

(2) Infants and toddlers from birth through to thirty-six months who are classified according to IDEA requirements as a person with a disability are eligible to receive services. These include children with a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay or who show delays at or below 1.5 Standard Deviations below the mean, or at or below the 7th percentile in one or more areas of development.

(3) Services must be based on the child's written Individualized Family Service Plan (IFSP) for providing services developed according to IDEA requirements.

R398-20-3. Fees.

(1) The parents of a eligible child shall pay a monthly fee for services according to the schedule established in the Fee Table. The monthly fee is applicable for any month in which a service is provided or scheduled and not timely canceled, except for the month in which the child attains 36 month of age. The Department shall not charge a fee for the following IDEA activities and services:

(a) implementation of child find, such as child developmental screening, or public awareness activities;

(b) evaluation and assessment;

(c) service coordination;

(d) activities to assist a child and the family to receive the rights, procedural safeguards, and authorized services;

(e) activities related to the development, review and evaluation of the Individual Family Service Plan;

(f) activities related to child and family rights, including the administrative complaint process and mediation; and

(g) specialized services related to sensory loss provided through the Utah Schools for the Deaf and Blind (USDB) Parent Infant Program or Deaf Blind services.

(2) The Department shall not charge a fee for services to a child if:

(a) the child receives services only though the USDB pursuant to an ISFP;

(b) the child is a ward of the state; or

(c) the child's family meets Head Start income eligibility guidelines.

(4) The Department shall not charge a fee for services if the child or the child's family receives benefits under any of the following programs:

(a) Medicaid;

(b) Temporary Assistance to Needy Families (TANF);

(c) Women Infants and Young Children (WIC);

(d) Refugee Resettlement Program (RCA); and

(e) Primary Care Network (PCN).

(3) The fee is a per family fee without regard to the number of eligible children receiving services.

(5) The monthly fee is as follows:

                                                     TABLE

                                                          FEES

Percent of         186             200             250
poverty

Family fee         10.00           20.00           30.00

Family                         ANNUAL INCOME
size
   2             22,543.00       22,543.01-      24,240.01-
                 or less         24,240.00       30,300.00

   3             28,384.00       28,384.01-      30,520.01-
                 or less         30,520.00       38,150.00

   4             34,224.00       34,224.01-       36800.01-
                 or less         36,800.00       46,000.00

   5             40,064.00       40,064.01-      43,080.01-
                 or less         43,080.00       53,850.00
   6             45,905.00       45,905.01-      49,360.01-
                 or less         49,360.00       61,700.00

   7             51,745.00       51,745.01-      55,640.01-
                 or less         55,640.00       69,550.00

   8             57,586.00       57,586.01-      61,920.01-
                 or less         61,920.00       77,400.00

Add for each      5,840.00        6,280.00        7,850.00
additional
family member

PART TWO OF TABLE

Percent of         300             400             500
poverty

Family fee         40.00           50.00           60.00

Family                         ANNUAL INCOME
size
   2             30,300.01-      36,360.01-      48,480.01-
                 36,360.00       48,480.00       60,600.00

   3             38,150.01-      45,780.01-      61,040.01-
                 45,780.00       61,040.00       76,300.00

   4             46,000.01-      55,200.01-      73,600.01-
                 55,200.00       73,600.00       92,000.00

   5             53,850.01-      64,620.01-      86,160.01-
                 64,620.00       86,160.00      107,700.00

   6             61,700.01-      74,040.01-      98,720.01-
                 74,040.00       98,720.00      123,400.00

   7             69,550.01-      83,460.01-     111,280.01-
                 83,460.00      111,280.00      139,100.00

   8             77,400.01-      92,880.01-     123,840.01-
                 92,880.00      123,840.00      154,800.00

Add for each      9,420.00       12,560.00       15,700.00
additional
family member

PART THREE OF TABLE

Percent of         600             700
poverty

Family fee         80.00          100.00

Family                ANNUAL INCOME
size
   2             60,600.01-      72,720.01-
                 72,720.00       84,840.00

   3             76,300.01-      91,560.01-
                 91,560.00      106,820.00

   4             92,000.01-     110,400.01-
                110,400.00      128,800.00

   5            107,700.01-     129,240.01-
                129,240.00      150,780.00

   6            123,400.01-     148,080.01-
                148,080.00      172,760.00

   7            139,100.01-     166,920.01-
                166,920.00      194,740.00

   8            154,800.01-     185,760.01-
                185,760.00      216,720.00

Add for each     18,840.00       21,980.00
additional
family member

R398-20-4. Income Reporting-Fee Determination.

(1) The child's family shall annually report the family income using the Fee Determination Form to determine the monthly family fee. The IFSP team shall review the form at its six-month review. The family may submit an updated form if there is a change in income.

(2) The Fee Determination Form provides guidelines to the family on what should be counted in its report of income.

(3) Completion of the form is voluntary. However, a child's parents who choose not to complete the Fee Determination Form must pay the maximum level on the fee schedule.

(4) Upon request, the family must provide a copy of the most recent federal income tax filing to the Department and its early intervention providers to verify family income as reported by the child's parents. If the federal income tax filing is unavailable, the parents may submit the prior three months' check stubs to extrapolate annual income.

R398-20-5. Hardship, Extenuating Circumstances.

(1) An eligible child shall not be denied service because of a family's inability to pay. If a family is able to pay, but chooses not to, the Department may withhold services.

(2) The Department may waive all or part of the fee if there are extenuating family circumstances that affect a family's ability to pay, such as long-term hospitalization of a family member, casualty loss, moving expense, or other unusual expenses.

KEY

early intervention, education, disabilities

Date of Enactment or Last Substantive Amendment

August 6, 2003

Notice of Continuation

July 31, 2008

Authorizing, Implemented, or Interpreted Law

26-10-2

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For questions regarding the content or application of rules under Title R398, please contact the promulgating agency (Health, Family Health and Preparedness, Children with Special Health Care Needs). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

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