Current through Register No. 40, October 3, 2024
(a) Assistive
technology services shall directly assist a child in the selection,
acquisition, or use of an assistive technology device, including:
(1) The evaluation of the needs of a child,
including a functional evaluation of the child in the child's customary
environment;
(2) Purchasing,
leasing, or otherwise providing for the acquisition of assistive technology
devices by the family;
(3)
Selecting, designing, fitting, customizing, adapting, applying, maintaining,
repairing, or replacing assistive technology devices;
(4) Coordinating and using other therapies,
interventions, supports, or services with assistive technology devices, such as
those associated with existing IFSPs;
(5) Training or technical assistance for a
child or, if appropriate, that child's family; and
(6) Training or technical assistance for
professionals, including persons providing FCESS and other persons who provide
services to, or are otherwise substantially involved in the major life
functions of, children.
(b) Audiology services shall include:
(1) Identification of children with auditory
impairments, using at risk criteria and appropriate audiologic screening
techniques;
(2) Determination of
the range, nature, and degree of hearing loss and communication functions, by
use of audiological evaluation procedures;
(3) Referral for medical and other services
necessary for the habilitation or rehabilitation of children with auditory
impairment;
(4) Provision of
auditory training, aural rehabilitation, speech reading, and listening device
orientation and training, and other services;
(5) Provision of services for prevention of
hearing loss; and
(6) Determination
of the child's need for individual amplification, including selecting, fitting,
and dispensing appropriate listening and vibrotactile devices, and evaluating
the effectiveness of those devices.
(c) Family training, counseling, and home
visits shall include assistance to the family in understanding the special
needs and building on the interests of the child and enhancing the child's
development.
(d) Health services
shall include services necessary to enable a child to benefit from the other
FCESS under He-M 510 during the time that the child is eligible to receive
other FCESS, including:
(1) Such services as
clean intermittent catheterization, tracheotomy care, tube feeding, the
changing of dressings or colostomy collection bags, and other health services;
and
(2) Consultation by physicians
with other FCESS providers concerning the special health care needs of children
that will need to be addressed in the course of providing other
FCESS.
(e) Health
services shall not include:
(1) Services that
are surgical in nature, such as cleft palate surgery, surgery for club foot, or
the shunting of hydrocephalus;
(2)
Services that are purely medical in nature, such as hospitalization for
management of congenital heart ailments or the prescribing of medicine or drugs
for any purpose;
(3) Services
related to the implementation, maintenance, replacement, or optimization, such
as mapping, of a medical device that is surgically implanted, including
cochlear implants;
(4) Devices such
as heart monitors, respirators and oxygen, and gastrointestinal feeding tubes
and pumps necessary to control or treat a medical condition; or
(5) Medical-health services, such as
immunizations and regular "well baby" care, that are routinely recommended for
all children.
(f)
Nothing in He-M 510 shall:
(1) Limit the right
of a child who has a surgically implanted device, such as a cochlear implant,
to receive the early supports and services that are identified in the child's
IFSP as necessary to meet the child's developmental outcomes; or
(2) Prevent the provider from routinely
checking that either the hearing aid or the external components of a surgically
implanted device, such as a cochlear implant, of a child are functioning
properly.
(g) Medical
services shall include services provided by a licensed physician for diagnostic
or evaluation purposes to determine a child's developmental status and need for
FCESS.
(h) Nursing services shall
include:
(1) The assessment of a child's
health status for the purpose of providing nursing care, including the
identification of patterns of human response to actual or potential health
problems;
(2) Provision of nursing
care to prevent health problems, restore or improve functioning, and promote
optimal health and development; and
(3) The administration of medications,
treatments, and regimens prescribed by a licensed physician or an advanced
practice registered nurse (APRN) in accordance with
RSA
326-B:11, III.
(i) Nutrition services shall
include:
(1) Conducting individual assessments
in:
a. Nutritional history and dietary
intake;
b. Anthropometric,
biochemical, and clinical variables;
c. Feeding skills and feeding problems;
and
d. Food habits and
preferences;
(2)
Developing and monitoring appropriate plans to address the nutritional needs of
children based on the findings in (i)(1) above; and
(3) Making referrals to appropriate community
resources to carry out nutrition goals.
(j) Occupational therapy shall be services
that:
(1) Address the functional needs of a
child related to adaptive development, adaptive behavior and play, and sensory,
motor, and postural development;
(2) Are designed to improve the child's
functional ability to perform tasks in home, school, and community settings;
and
(3) Include:
a. Identification, assessment, and provision
of needed supports and services;
b.
Adaptation of the environment and selection, design, and fabrication of
assistive and orthotic devices to facilitate development and promote the
acquisition of functional skills; and
c. Prevention or minimization of the impact
of initial or future impairment, delay in development, or loss of functional
ability.
(k)
Physical therapy shall be services that:
(1)
Address the promotion of sensorimotor function through enhancement of:
a. Musculoskeletal status;
b. Neurobehavioral organization;
c. Perceptual and motor
development;
d. Cardiopulmonary
status; and
e. Effective
environmental adaptation; and
(2) Include:
a. Screening, evaluation, and assessment of
children to identify movement dysfunction;
b. Obtaining, interpreting, and integrating
information to prevent, alleviate, or compensate for movement dysfunction and
related functional problems; and
c.
Providing individual and group services to prevent, alleviate, or compensate
for movement dysfunction and related functional problems.
(l) Preventative and diagnostic
services shall be early and periodic screening, diagnosis, and treatment
services as specified in
He-W
546.05 (a) and (b).
(m) Psychological services shall include:
(1) Administering psychological and
developmental tests and other assessment procedures;
(2) Interpreting assessment
results;
(3) Obtaining,
integrating, and interpreting information about child behavior and child and
family conditions related to learning, mental health, and development;
and
(4) Planning and managing a
program of psychological services, including:
a. Psychological counseling for children and
parents;
b. Family
counseling;
c. Consultation on
child development;
d. Parent
training; and
e. Education
programs.
(n)
Service coordination shall:
(1) Be services
provided by a service coordinator to assist and enable a child and the child's
family to receive the services and rights, including procedural safeguards,
required under this part, He-M 203, and He-M 310;
(2) Be an active, ongoing process that
involves:
a. Assisting parents of children in
gaining access to, and coordinating the provision of, the FCESS required under
this part; and
b. Coordinating the
other services identified in the IFSP that are needed by, or are being provided
to, the child and that child's family; and
(3) Include:
a. Coordinating all services required under
this part across agency lines;
b.
Serving as the single point of contact for carrying out the activities
described in c. - l. below;
c.
Assisting parents of children in obtaining access to needed supports and
services and other services identified in the IFSP, including making referrals
to providers for needed services and scheduling appointments for children and
their families;
d. Coordinating the
provision of FCESS and other services, such as educational, social, and medical
services that are not provided for diagnostic or evaluative purposes, that the
child needs or are being provided;
e. Coordinating evaluations and
assessments;
f. Facilitating and
participating in the development, review, and evaluation of IFSPs;
g. Conducting referral and other activities
to assist families in identifying available providers;
h. Coordinating, facilitating, and monitoring
the delivery of services required under this part to ensure that the services
are provided in a timely manner;
i.
Conducting follow-up activities to determine that appropriate services are
being provided;
j. Informing
families of their rights and procedural safeguards, as set forth in He-M 203
and He-M 310, and related resources, including organizations with their
addresses and telephone numbers that might be available to provide legal
assistance and advocacy, such as the Disabilities Rights Center, Inc. and NH
Legal Assistance;
k. Coordinating
the funding sources for services required under this part; and
l. Facilitating the development of a
transition plan to preschool, school, or, if appropriate, to other
services.
(o)
Use of the term "service coordination" or "service coordination services" by an
FCESS program or provider shall not preclude characterization of the services
as case management or any other service that is covered by another payor of
last resort, such as Title XIX of the Social Security Act-Medicaid, for
purposes of claims in compliance with the requirements of
34 CFR
303.501 through
303.521.
(p) Sign language and cued language services
shall include:
(1) Teaching sign language,
cued language, and auditory and oral language;
(2) Providing oral transliteration services,
such as amplification; and
(3)
Providing sign and cued language interpretation.
(q) Social work services shall include:
(1) Home visits to evaluate a child's living
conditions and patterns of parent-child interaction;
(2) Preparing a social or emotional
developmental assessment of the child within the family context;
(3) Providing individual and family
counseling with parents and other family members and appropriate social skill
building activities with the child and parents;
(4) Working with the family to resolve
problems in the family's living situation, home, or community that affect the
child's and family's maximum utilization of FCESS; and
(5) Identifying, mobilizing, and coordinating
community resources and services to enable the child and family to receive
maximum benefit from FCESS.
(r) Special instruction shall include:
(1) Designing learning environments and
activities that promote the child's acquisition of skills in a variety of
developmental areas, including cognitive processes and social
interaction;
(2) Curriculum
planning, including the planned interaction of personnel, materials, and time
and space, that leads to achieving the outcomes in the IFSP;
(3) Providing families with information,
skills, and support related to enhancing the skill development of the child;
and
(4) Working with the child to
enhance the child's development.
(s) Speech-language pathology services shall
include:
(1) Identification of children with
communicative or language disorders and delays in development of communication
skills, including the diagnosis and appraisal of specific disorders and delays
in those skills;
(2) Referral for
medical or other professional services necessary for the habilitation or
rehabilitation of children with communicative or language disorders and delays
in development of communication skills; and
(3) Provision of services for the
habilitation, rehabilitation, or prevention of communication or language
disorders and delays in development of communication skills.
(t) Transportation services shall
include reimbursing the family for the cost of travel such as mileage, or
travel by taxi, common carrier, or other means, and other related costs such as
tolls and parking expenses, that are necessary to enable an eligible child and
the child's family to receive FCESS.
(u) Vision services shall include:
(1) Evaluation and assessment of visual
functioning, including the diagnosis and appraisal of specific visual
disorders, delays, and abilities that affect early childhood
development;
(2) Referral for
medical or other professional services necessary for the habilitation or
rehabilitation of visual functioning disorders, or both; and
(3) Communication skills training,
orientation and mobility training for all environments, visual training,
independent living skills training, and additional training necessary to
activate visual motor abilities.
(v) The services and personnel identified and
defined in (a)-(u) above shall not comprise exhaustive lists of the types of
services that may constitute FCESS or the types of qualified personnel that may
provide FCESS. Nothing in this section shall prohibit the identification in the
IFSP of another type of service as an FCESS provided that the service meets the
criteria in He-M 510.04.
(w) Children and families who qualify for
services under He-M 510 may have access to respite services under He-M 513 and
He-M 519 as well as other services authorized by the department that meet the
intent and purpose and are consistent with evidence-based nationally recognized
treatment standards.
(See Revision Note at part heading for He-M 510) #5745,
eff 12-1-93, EXPIRED: 12-1-99
New. #7234, eff 4-22-00; amd by
#7822, eff 2-8-03; ss by #9135, INTERIM, eff 4-22-08, EXPIRED: 10-19-08
New. #9594, eff 11-11-09; ss by
#10325, eff 4-26-13
