H. B. 3336
(By Delegate Perdue)
[Introduced March 23, 2009; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact §16-5K-2, of the Code of West Virginia,
1931, as amended, relating to authorizing the Bureau for
Public Health to continue providing early intervention
services to families with developmentally delayed infants and
toddlers but eliminates the cost-free provision.
Be it enacted by the Legislature of West Virginia:
That §16-5K-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 5K. EARLY INTERVENTION SERVICES FOR CHILDREN WITH
DEVELOPMENTAL DELAYS.
§16-5K-2. Definitions.
Unless the context clearly otherwise indicates, as used in
this article:
(a) "Bureau" means the Bureau for
Children and Families Public
Health within the Department of Health and Human Resources.
(b) "Council" means the Governor's Early Intervention
Interagency Coordinating Council.
(c) "Department" means the Department of Health and Human
Resources.
(d) "Early intervention services" means developmental services
which:
(1) Are designed to meet the developmental needs of
developmentally delayed infants and toddlers and the needs of the
family related to enhancing the child's development;
(2) Are selected in collaboration with the parents;
(3) Are provided under public supervision in conformity with
an individualized family service plan;
and at no cost to families;
(4) Meet the state's early intervention standards, as
established by the Department of Health and Human Resources with
the assistance of the Governor's Early Intervention Interagency
Coordinating Council;
(5) Include assistive technology, audiology, audiology case
management, family training, counseling and home visits, health
services necessary to enable a child to benefit from other early
intervention services, medical services only for diagnostic or
evaluation purposes, nursing services, nutrition services,
occupational therapy, physical therapy, psychological services,
social work services, special instruction, speech-language
pathology, vision and transportation; and
(6) Are provided by licensed or otherwise qualified personnel,
including audiologists, family therapists, nurses, nutritionists,
occupational therapists, orientation and mobility specialists,
physical therapists, physicians, psychologists, social workers,
special educators, speech-language pathologists and
paraprofessionals appropriately trained and supervised.
(e) "Infants and toddlers with developmental delay" means
children from birth to thirty-six months of age who need early
intervention services for any of the following reasons:
(1) They are experiencing developmental delays, as measured by
appropriate methods and procedures, in one or more of the following
areas: Cognitive, physical, including visual and hearing,
communicative, adaptive, social, language and speech, or psycho-
social development or self-help skills; or
(2) They have a diagnosed physical or mental condition that
has a high probability of resulting in developmental delay; or
(3) They are at risk of having substantial developmental
delays if early intervention services are not provided.
NOTE: The purpose of this bill is to authorize the Bureau for
Public Health to continue providing early intervention services to
families with developmentally delayed infants and toddlers but
eliminates the cost-free provision.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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