AN ACT RELATING TO HEALTH AND SAFETY -- MATERNAL AND CHILD HEALTH SERVICES FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS (Updates the description of the early intervention program and the agency responsible for the program under Part C of the federal Individuals with disabilities education act.)

H7586

2026 -- H 7586
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LC004774
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HEALTH AND SAFETY -- MATERNAL AND CHILD HEALTH SERVICES
FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS

Introduced By:
Representatives Cotter, Read, Chippendale, Casimiro, Fogarty, Donovan,
Shallcross Smith, Potter, Furtado, and McGaw

Date Introduced:
February 06, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Legislative findings.
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The general assembly hereby finds and declares the following:
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(1) The Rhode Island early intervention program, a program established under part C of
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the federal Individuals with Disabilities Education Act and overseen and managed by the executive
5
office of health and human services, is a core component of the state’s commitment to ensuring
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that families with infants and toddlers with or at substantial risk for developmental delays and
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disabilities receive high-quality services as early as possible in order that children can develop to
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their fullest potential and succeed in school and life.
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(2) According to the center on the developing child at Harvard University, healthy
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development in the early years (particularly birth to age three (3)) provides the building blocks for
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educational achievement, economic productivity, responsible citizenship, and lifelong health.
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Effective early intervention services help infants and toddlers make developmental progress and
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can help them catch up with their peers. Research has shown that about one-third (1/3) of children
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who receive early intervention services no longer had a developmental delay or special education
15
need in kindergarten.
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(3) Due to the twenty (20) year Medicaid rate freeze, state-certified early intervention
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programs experienced significant difficulties paying competitive wages and benefits to attract and
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retain qualified staff. These staffing challenges became so severe that in November 2021, the state

1
established a waiting list for early intervention.
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(4) Rate increases enacted in state fiscal year 2023 and 2025 have greatly improved staffing
3
and reduced the size of the waiting list for early intervention but there are still over one hundred
4
(100) children who wait more than forty-five (45) days for an evaluation and staff vacancies persist,
5
particularly for speech, occupational, and physical therapists.
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SECTION 2. Section 23-13-22 of the General Laws in Chapter 23-13 entitled "Maternal
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and Child Health Services for Children with Special Health Care Needs" is hereby amended to read
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as follows:
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23-13-22.
Early intervention program for developmentally disabled infants.
Early
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intervention program for infants and toddlers with developmental delays and/or disabilities.
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(a)
The director of the department of human services shall ensure that all developmentally
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disabled infants from birth to three (3) years of age shall be enrolled in the early intervention
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program

The secretary of the executive office of health and human services (EOHHS) shall ensure
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that all infants and toddlers with developmental delays and/or disabilities who are under the age of
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three (3) are provided with early intervention services as required under Part C of the federal
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Individuals with Disabilities Education Act (IDEA), 42 U.S.C § 1470 et seq
. Regulations governing
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the delivery of services under this program, including eligibility criteria, shall be promulgated by
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the
department of human services

executive office of health and human services
, with the advice
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of the interagency coordinating council
; provided, however, that all regulations promulgated by the
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department of health shall remain in full force and effect until the time they are replaced by
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regulations promulgated by the department of human services
. The regulations shall stipulate, at a
22
minimum, the following provisions that are consistent with the intent of this chapter:
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(1) The
director

secretary
shall develop and maintain a procedure for the earliest possible
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identification and efficient referral
and evaluation
of all
developmentally disabled infants

children
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under age three (3) who may be eligible for services under part C of IDEA and shall ensure
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individualized family service plans are developed and IDEA services are provided in a timely
27
fashion for eligible children
;
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(2)
The director shall ensure that every infant identified and referred to this program is
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enrolled as soon as possible after birth; and further, that for infants placed on a waiting list for
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facility based group programming, an early intervention program shall be made available within a
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thirty (30) day period from the time a need is identified in the individual program plan;
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(3) Unless parents refuse the service, the home visiting component of the program shall
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commence as soon as the infant has been identified as having a possible developmental disability;
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(4)
Any parent(s) who is/are dissatisfied with
decisions or termination of service

LC004774 - Page 2 of 5
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evaluations, eligibility determinations, the amount and type of early intervention services offered
2
under Part C of IDEA
or with practices and procedures of a particular
certified early intervention

3
agency or the
department of human services

EOHHS
shall notify the
director of the department of
4
human services

secretary of the EOHHS
in writing within thirty (30) calendar days and the
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complaint shall be reviewed in accordance with
department of health

EOHHS
policy and
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procedures, as amended, and the Administrative Procedures Act, chapter 35 of title 42.
The EOHHS
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shall post clear information about the right and process for parents to make a complaint about early
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intervention services delivered under the Part C of IDEA on the main public webpage for early
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intervention consumers. The office shall ensure information about the right of parents to complain
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and the process to file a complaint is translated accurately into most common languages spoken by
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families in the state using the office’s website translation system.
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(5)
(3)
An early intervention program for purposes of this section shall mean a
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comprehensive array of educational, developmental, health, and social services provided on a
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calendar year basis to eligible infants, children, and their families as specified in program
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regulations.
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(b) Within ninety (90) days after October 1, 2004, an evaluation plan describing outcome
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measures that document the program’s successes and shortcomings from the previous fiscal year
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shall be submitted to the speaker of the house of representatives, the president of the senate and the
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house oversight committee and the governor and the interagency coordinating council.
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Development of the plan shall be made in consultation with the entities with expertise in this area
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and the interagency coordinating council. The plan shall include a memorandum of understanding
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between the department of health, department of human services and the department of elementary
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and secondary education that demonstrates coordination and continuity of early intervention
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services among these departments.
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(c) Within six (6) months after January 1, 2005 where prescribed outcomes documented in
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the evaluation plan have not been accomplished the responsible agencies shall submit written
27
explanations for the shortfalls, together with their proposed remedies. The report shall also include
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evaluation of the progress of the coordination efforts between the department of health and the
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department of human services and the department of elementary and secondary education and the
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interagency coordinating council and shall include any recommendations regarding modifications
31
of the reimbursement mechanisms of this chapter.
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(d) Within twelve (12) months after August 1, 2005 a final report shall include the progress
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of the coordination efforts between the department of health and the department of human services
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and department of elementary and secondary education, interagency coordinating council and shall

LC004774 - Page 3 of 5
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include any recommendations regarding modifications to the comprehensive array of educational,
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developmental, health and social services provided on a calendar year basis to eligible infants,
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children and their families as specified in an early intervention system.
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(e) All reports or documents required to be produced pursuant to 20 U.S.C. § 1471 et seq.,
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shall be submitted to the speaker of the house, president of the senate and the chairpersons of the
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appropriate house of representatives and senate oversight committees and the governor and the
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interagency coordinating council. Adherence to such plans and reporting requirements, and budgets
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and the timely achievement of goals contained therein shall be considered by the oversight
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committees of the house of representatives and senate, among other relevant factors, in determining
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appropriations or other systemic changes.
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(f) The EOHHS

shall:
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(1) Pursue a Medicaid state plan amendment and allocate sufficient state general revenue,
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estimated at two hundred eleven thousand two hundred dollars ($211,200), to increase Medicaid
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payment rates for early intervention services by the amount recommended in the 2025 social and
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human service programs review report by the Rhode Island office of the health insurance
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commissioner. Rate increases will be implemented on or before October 1, 2026, to ensure rates
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enable early intervention service providers to cover the costs of adequately staffing the program
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with qualified service coordinators, early educators, and licensed professionals to deliver all
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services required under Part C of the Individuals with Disabilities Education Act.
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(2) Maintain at least two (2) years of data on the early intervention data dashboard on the
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office’s public website, and include:
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(i) Monthly updates on the number of active children receiving IDEA Part C services, the
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number of children who have been waiting more than forty-five (45) days for an evaluation by city
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or town of child residence, and the average number of days the children with delayed evaluations
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have been waiting.
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(ii) Regular updates, at least every six (6) months, on the number of unique staff and full-
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time equivalent staff providing IDEA Part C services directly to children and their families and the
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number and percentage change of staff vacancies by occupation.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- MATERNAL AND CHILD HEALTH SERVICES
FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS
***
1
This act would update the description of the early intervention program and the agency
2
responsible for the program under Part C of the federal Individuals with Disabilities Education Act.
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Furthermore, the act would direct the executive office of health and human services (EOHHS) to
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increase Medicaid rates for early intervention service providers by the amount recommended in the
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2025 rate review and require that the office maintain and regularly update the existing early
6
intervention data dashboard on a public website.
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This act would take effect upon passage.
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