§ 2553. Early intervention coordinating council. 1. (a) The department
shall establish an early intervention coordinating council.

(b) The council shall consist of thirty members, unless otherwise
required by federal law, appointed by the governor. At least five
members shall be parents, four of whom shall be parents of children with
disabilities aged twelve or younger and one of whom shall be the parent
of a child with disabilities aged six or younger; at least five shall be
representatives of public or private providers of early intervention
services; at least one shall be involved in personnel preparation or
training; at least three shall be representatives of managed care plans
or managed care plan trade associations familiar with how claims for
services provided pursuant to this title are managed; at least two shall
be early intervention officials; at least two shall be members of the
legislature or such members' designees; seven shall be the commissioner
and the commissioners of education, the office of children and family
services, people with developmental disabilities, mental health,
alcoholism and substance abuse services and the superintendent of
financial services, or their appropriate designees with sufficient
authority to engage in policy planning and implementation on behalf of
their agencies.

(c) The governor shall appoint ten members on the recommendation of
the temporary president of the senate and the speaker of the assembly,
each of whom shall recommend five members as follows: one parent of a
child with disabilities age twelve or younger; one representative of
public or private providers of early intervention services; one
representative of a managed care plan or managed care plan trade
association familiar with how claims for services provided pursuant to
this title are managed; one member of the legislature; and one early
intervention official. The governor shall appoint four members on the
recommendations of the minority leader of the assembly and the minority
leader of the senate, each of whom shall recommend two members as
follows: one parent of a child with disabilities age twelve or younger;
one representative of public or private providers of early intervention
services.

(d) The governor shall designate a chairperson from among the members
of the council. All members shall serve for terms of three years. Such
terms shall be established so that the terms of no more than one-third
of the members of the council expire each year.

(e) A majority of the appointed voting membership of the council shall
constitute a quorum.

2. The council shall:

(a) assist the lead agency in the effective performance of the lead
agency's responsibilities set out under this title, including:

(i) identifying the sources of fiscal support for early intervention
services and programs, assignment of financial responsibility to the
appropriate agency and promotion of interagency agreements;

(ii) preparing applications and amendments required pursuant to
federal law;

(iii) advising and assisting the commissioner regarding payment
methodologies established pursuant to section twenty-five hundred
fifty-five of this title to reimburse adequately the cost of services
authorized pursuant to this article and to promote the efficient,
economical, productive and stable delivery of early intervention
services. The council shall convene a reimbursement advisory panel, the
members of which shall be appointed by the commissioner, to assist the
council regarding such payment methodologies. Such panel shall consist
of no more than sixteen members, and shall include at least four
representatives of municipalities, at least four representatives of
statewide and regional provider organizations, and such other members as
the commissioner shall deem appropriate.

(b) advise and assist the commissioner and other state early
intervention service agencies in the development of coordinated
standards and procedures pursuant to section twenty-five hundred
fifty-one of this title in order to promote the full participation and
cooperation of such agencies;

(c) advise and assist the commissioner and the commissioner of
education regarding the transition of toddlers with disabilities to
services provided under section forty-four hundred ten of the education
law, to the extent such services are appropriate;

(d) advise and assist the commissioner in identifying barriers that
impede timely and effective service delivery, including advice and
assistance with regard to interagency disputes; and

(e) prepare and submit an annual report to the governor and
legislature on the status of the early intervention program.

3. The council shall meet at least four times a year. Special meetings
may be called by the chairperson and shall be called at the request of
the commissioner.

4. At least sixty days prior to the commissioner's final approval of
rules and regulations pursuant to this title, other than emergency rules
and regulations, the commissioner shall submit proposed rules and
regulations to the council for its review. The council shall review all
proposed rules and regulations and report its recommendations thereon to
the commissioner within sixty days. The commissioner shall not act in a
manner inconsistent with the recommendations of the council without
first providing the reasons therefor. The council, upon a majority vote
of its members, may require that an alternative approach to the proposed
rules and regulations be published with a notice of the proposed rules
and regulations pursuant to section two hundred two of the state
administrative procedure act. When an alternative approach is published
pursuant to this section, the commissioner shall state the reasons for
not selecting such alternative approach.

5. The members of the council shall be allowed their reasonable and
necessary expenses incurred in the performance of their duties
hereunder.