New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE
Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES
Section 8.9.8.8 - ADMINISTRATION
Universal Citation: 8 NM Admin Code 8.9.8.8
Current through Register Vol. 35, No. 18, September 24, 2024
A. Supervisory authority.
(1) Any
agency, organization, or individual that provides early intervention services
to eligible children and families shall do so in accordance with these
regulations and under the supervisory authority of the lead agency for Part C
of IDEA, the New Mexico early childhood education and care
department.
(2) An agency that has
entered into a contract or provider agreement or an inter-agency agreement with
the New Mexico early childhood education and care department to provide early
intervention services shall be considered an "early intervention provider
agency" under these regulations.
B. Provider requirements.
(1) All early intervention provider agencies
shall comply with these regulations and all other applicable state and federal
regulations. All early intervention provider agencies that provide such
services shall do so under the administrative oversight of the lead agency for
IDEA, Part C, the New Mexico early childhood education and care department
through the family infant toddler (FIT) program.
(2) All early intervention provider agencies
shall establish and maintain separate financial reporting and accounting
procedures for the delivery of early intervention services and related
activities. They shall generate and maintain documentation and reports required
in accordance with these regulations, the provisions of the contract/provider
agreement or an inter-agency agreement, medicaid rules and early childhood
education and care department service definitions and standards. This
information shall be kept on file with the early intervention provider agencies
and shall be available to the New Mexico early childhood education and care
department or its designee upon request.
(3) All early intervention provider agencies
shall employ individuals who maintain current licenses or certifications
required of all staff providing early intervention services. Documentation
concerning the licenses and certifications shall be kept on file with the early
intervention provider agency and shall be available to the New Mexico early
childhood education and care department or its designee upon request. The
provider of early intervention services cannot employ an immediate family
member of an eligible and enrolled child to work directly with that child.
Exceptions can be made with prior approval by the New Mexico early childhood
education and care department.
(4)
Early intervention provider agencies shall ensure that personnel receive
adequate training and planned and ongoing supervision, in order to ensure that
individuals have the information and support needed to perform their job
duties. The early intervention provider agency shall maintain documentation of
supervision activities. Supervision shall comply with requirements of
appropriate licensing and regulatory agencies for each discipline.
(5) Early intervention provider agencies
shall provide access to information necessary for the New Mexico early
childhood education and care department or its designee to monitor compliance
with applicable state and federal regulations.
(6) Failing to comply with these regulations
on the part of early intervention provider agencies will be addressed in
accordance with provisions in the contract/provider agreement or interagency
agreement and the requirements of state and federal statutes and
regulations.
C. Financial matters.
(1)
Reimbursement for early intervention services to eligible children and families
by the family infant toddler program shall conform to the method established by
the New Mexico early childhood education and care department, as delineated in
the early intervention provider agency's provider agreement and in the service
definitions and standards.
(2) Early
intervention provider agencies shall only bill for early intervention services
delivered by personnel who possess relevant, valid licenses or certification in
accordance with personnel certification requirements of this rule.
(3) Early intervention provider agencies
shall enter delivered services data into the FIT-KIDS (key information data
system), which is generated into claims for medicaid, private insurance and
invoices for the early childhood education and care department.
(4) Early intervention provider agencies
shall maintain documentation of all services provided in accordance with
service definitions and standards and provider agreement / contract
requirements.
(5) The FIT program
and early intervention provider agencies shall not implement a system of
payments or fees to parents.
(6)
Public and private insurance.
(a) The
parent(s) will not be charged any co-pay or deductible related to billing their
public insurance (including medicaid) and private insurance.
(b) The parent(s) shall provide written
consent before personally identifiable information is disclosed for billing
purposes to public insurance (including medicaid) and private
insurance.
(c) The parent(s) may
withdraw consent at any time to disclose personally identifiable information to
public insurance (including medicaid) and private insurance for billing
purposes.
(d) The parent(s) shall
provide written consent to use their private insurance to pay for FIT program
services. Consent shall be obtained prior to initial billing of their private
insurance for early intervention services and each time consent for services is
required due to an increase (in frequency, length, duration, or intensity) in
the provision of services on the IFSP.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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