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S2834A
2026 -- S 2834 SUBSTITUTE A
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LC004426/SUB A
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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 -- EARLY INTERVENTION
EXTENSION--BRIDGE TO PRESCHOOL
Introduced By:
Senators Valverde, Mack, DiMario, DiPalma, Urso, Murray, Ujifusa,
Appollonio, Zurier, Quezada, and Gallo
Date Introduced:
March 04, 2026
Referred To:
Senate Finance
It is enacted by the General Assembly as follows:
1
SECTION 1. Section 23-13-22 of the General Laws in Chapter 23-13 entitled "Maternal
2
and Child Health Services for Children with Special Health Care Needs" is hereby amended to read
3
as follows:
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23-13-22. Early intervention program for developmentally disabled infants.
5
(a) The
director
secretary
of the
department of human services
executive office of health
6
and human services (EOHHS)
shall ensure that all developmentally disabled infants from birth to
7
three (3) years of age shall be enrolled in the early intervention program.
Beginning July 1, 2026,
8
EOHHS and the department of elementary and secondary education shall create a plan to allow
9
children to remain in early intervention until September 1 after their third birthday, as allowed by
10
federal law 20 U.S.C. § 1435(c). Further, such plan shall include, but not be limited to, seeking any
11
federal approvals necessary or desirable to implement the aforesaid policy. By January 1, 2028,
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EOHHS shall allow children who turn three (3) years old between May 1 and August 31 to remain
13
in early intervention until September 1 after the child’s third birthday.
Regulations governing the
14
delivery of services under this program, including eligibility criteria, shall be promulgated by the
15
department of human services
EOHHS
, with the advice of the interagency coordinating council;
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provided, however, that all regulations promulgated by the department of health shall remain in full
17
force and effect until the time they are replaced by regulations promulgated by the
department of
18
human services
EOHHS
. The regulations shall stipulate, at a minimum, the following provisions
1
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
3
identification and efficient referral of all developmentally disabled infants;
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(2) The
director
secretary
shall ensure that every infant identified and referred to this
5
program is enrolled as soon as possible after birth; and further, that for infants placed on a waiting
6
list for facility based group programming, an early intervention program shall be made available
7
within a 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;
10
(4) Any parent(s) who is/are dissatisfied with decisions or termination of service or with
11
practices and procedures of a particular agency or the
department of human services
EOHHS
shall
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notify the
director
secretary
of the
department of human services
EOHHS
in writing within thirty
13
(30) calendar days and the complaint shall be reviewed in accordance with
department of health
14
EOHHS
policy and procedures, as amended, and the Administrative Procedures Act, chapter 35 of
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title 42.
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(5) An early intervention program for purposes of this section shall mean a comprehensive
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array of educational, developmental, health, and social services provided on a calendar year basis
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to eligible infants, children, and their families as specified in program regulations.
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(b) Within ninety (90) days after October 1, 2004, an evaluation plan describing outcome
20
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
25
between the department of health, department of human services and the department of elementary
26
and secondary education that demonstrates coordination and continuity of early intervention
27
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
30
explanations for the shortfalls, together with their proposed remedies. The report shall also include
31
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
33
interagency coordinating council and shall include any recommendations regarding modifications
34
of the reimbursement mechanisms of this chapter.
LC004426/SUB A - Page 2 of 7
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(d) Within twelve (12) months after August 1, 2005 a final report shall include the progress
2
of the coordination efforts between the department of health and the department of human services
3
and department of elementary and secondary education, interagency coordinating council and shall
4
include any recommendations regarding modifications to the comprehensive array of educational,
5
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
9
appropriate house of representatives and senate oversight committees and the governor and the
10
interagency coordinating council. Adherence to such plans and reporting requirements, and budgets
11
and the timely achievement of goals contained therein shall be considered by the oversight
12
committees of the house of representatives and senate, among other relevant factors, in determining
13
appropriations or other systemic changes.
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(f) In developing and implementing the plan to extend early intervention services beyond
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age three (3) as provided in subsection (a) of this section, the secretary shall:
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(1) Appoint and convene an implementation advisory committee to advise on the
17
implementation of the plan. The committee shall include:
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(i) The individual designated by the state to serve as the coordinator for Part C in EOHHS;
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(ii) The individual designated by the state to serve as the coordinator for Section 619 of the
20
Individuals with Disabilities Education Act (IDEA) in the department of elementary and secondary
21
education;
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(iii) Not fewer than three (3) representatives of early intervention provider agencies;
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(iv) Not fewer than two (2) representatives of local education agencies (“LEA”);
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(v) Not fewer than two (2) advocates or experts with demonstrated expertise in early
25
intervention or early childhood special education; and
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(vi) Not fewer than two (2) parents of children who have received early intervention
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services and have transitioned to early childhood special education within the preceding three (3)
28
years.
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(2) The implementation advisory committee shall:
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(i) Meet for a period of at least one year following the official effective date of the extension
31
policy;
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(ii) Identify strategies to reduce administrative burdens on families, early intervention
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providers, LEA, and the state including, but not limited to, the use of federal funds earmarked for
34
early intervention extension to the extent allowable;
LC004426/SUB A - Page 3 of 7
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(iii) Earmark appropriate federal early intervention funding and develop shared resources
2
to support training and development for early intervention providers and LEA regarding the
3
extension option; and
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(iv) Develop strategies to maximize providers’ ability to support the new over-three (3)
5
population during spring and summer months, including through the appropriate use of group-based
6
therapies while maintaining services necessary to meet individualized developmental needs.
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(3) All meetings of the implementation advisory committee shall be open to the public and
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conducted in accordance with chapter 46 of title 42.
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(4) Not later than September 30, 2031, the secretary shall prepare and submit to the speaker
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of the house of representatives and the president of the senate a report evaluating the
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implementation of the extension plan provided for in subsection (a) of this section. The report shall
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include, but not be limited to: data regarding the number of families who elected to extend early
13
intervention services and the number of families who declined to extend early intervention services;
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and an assessment of the impact of the extension provided for in subsection (a) of this section on
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children, families, early intervention providers, LEA, and the state.
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SECTION 2. Section 27-18-64 of the General Laws in Chapter 27-18 entitled "Accident
17
and Sickness Insurance Policies" is hereby amended to read as follows:
18
27-18-64. Coverage for early intervention services.
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(a) Every individual or group hospital or medical expense insurance policy or contract
20
providing coverage for dependent children, delivered or renewed in this state on or after July 1,
21
2004, shall include coverage of early intervention services which coverage shall take effect no later
22
than January 1, 2005. Such coverage shall not be subject to deductibles and coinsurance factors.
23
Any amount paid by an insurer under this section for a dependent child shall not be applied to any
24
annual or lifetime maximum benefit contained in the policy or contract. For the purpose of this
25
section, “early intervention services” means, but is not limited to, speech and language therapy,
26
occupational therapy, physical therapy, evaluation, case management, nutrition, service plan
27
development and review, nursing services, and assistive technology services and devices for
:
28
(1)
dependents
Dependents
from birth to age three (3) who are certified by the executive
29
office of health and human services
("EOHHS")
as eligible for services under
part
Part
C of the
30
Individuals with Disabilities Education Act (20 U.S.C. § 1471 et seq.)
; or
31
(2) Dependents who are older than age three (3) and are eligible for services pursuant to §
32
23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals
33
with Disabilities Education Act (20 U.S.C. § 1431 et seq.)
.
34
(b) Insurers shall reimburse certified, early intervention providers, who are designated as
LC004426/SUB A - Page 4 of 7
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such by the
executive office of health and human services
(EOHHS)
, for early intervention services
2
as defined in this section at rates of reimbursement equal to, or greater than, the prevailing
3
integrated state Medicaid rate for early intervention services as established by the
executive office
4
of health and human services
(EOHHS)
.
5
(c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
6
confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare
7
supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily
8
injury or death by accident or both; and (9) Other limited benefit policies.
9
SECTION 3. Section 27-19-55 of the General Laws in Chapter 27-19 entitled "Nonprofit
10
Hospital Service Corporations" is hereby amended to read as follows:
11
27-19-55. Coverage for early intervention services.
12
(a) Every individual or group hospital or medical expense insurance policy or contract
13
providing coverage for dependent children, delivered or renewed in this state on or after July 1,
14
2004, shall include coverage of early intervention services which coverage shall take effect no later
15
than January 1, 2005. The coverage shall be limited to a benefit of five thousand dollars ($5,000)
16
per dependent child per policy or calendar year and shall not be subject to deductibles and
17
coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall
18
not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For
19
the purpose of this section, “early intervention services” means, but is not limited to: speech and
20
language therapy, occupational therapy, physical therapy, evaluation, case management, nutrition,
21
service plan development and review, nursing services, and assistive technology services and
22
devices for
:
23
(1)
dependents
Dependents
from birth to age three (3) who are certified by the
department
24
of
executive office of health and
human services
(“EOHHS”)
as eligible for services under
part
25
Part
C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.)
; or
26
(2) Dependents who are older than age three (3) and are eligible for services pursuant to §
27
23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals
28
with Disabilities Education Act (20 U.S.C. § 1431 et seq.)
.
29
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified
30
early intervention providers, who are designated as such by the
department of
human services
31
EOHHS
, for early intervention services as defined in this section at rates of reimbursement equal
32
to or greater than the prevailing integrated state/Medicaid rate for early intervention services as
33
established by the
department of human services
EOHHS
.
34
(c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
LC004426/SUB A - Page 5 of 7
1
confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare
2
supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily
3
injury or death by accident, or both; and (9) Other limited benefit policies.
4
SECTION 4. Section 27-20-50 of the General Laws in Chapter 27-20 entitled "Nonprofit
5
Medical Service Corporations" is hereby amended to read as follows:
6
27-20-50. Coverage for early intervention services.
7
(a) Every individual or group hospital or medical expense insurance policy or contract
8
providing coverage for dependent children, delivered or renewed in this state on or after July 1,
9
2004, shall include coverage of early intervention services which coverage shall take effect no later
10
than January 1, 2005. The coverage shall be limited to a benefit of five thousand dollars ($5,000)
11
per dependent child per policy or calendar year and shall not be subject to deductibles and
12
coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall
13
not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For
14
the purpose of this section, “early intervention services” means, but is not limited to: speech and
15
language therapy; occupational therapy; physical therapy; evaluation; case management; nutrition;
16
service plan development and review; nursing services; and assistive technology services and
17
devices for
:
18
(1)
dependents
Dependents
from birth to age three (3) who are certified by the
department
19
of
executive office of health and
human services
(“EOHHS”)
as eligible for services under
part
20
Part
C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.)
; or
21
(2) Dependents who are older than age three (3) and are eligible for services pursuant to §
22
23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals
23
with Disabilities Education Act (20 U.S.C. § 1431 et seq.)
.
24
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified
25
early intervention providers, who are designated as such by the
department of human services
26
EOHHS, for early intervention services as defined in this section at rates of reimbursement equal
27
to or greater than the prevailing integrated state/Medicaid rate for early intervention services as
28
established by the
department of
human services
EOHHS
.
29
(c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
30
confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare
31
supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily
32
injury or death by accident or both; and (9) Other limited benefit policies.
33
SECTION 5. Section 27-41-68 of the General Laws in Chapter 27-41 entitled "Health
34
Maintenance Organizations" is hereby amended to read as follows:
LC004426/SUB A - Page 6 of 7
1
27-41-68. Coverage for early intervention services.
2
(a) Every individual or group hospital or medical expense insurance policy or contract
3
providing coverage for dependent children, delivered or renewed in this state on or after July 1,
4
2004, shall include coverage of early intervention services which coverage shall take effect no later
5
than January 1, 2005. The coverage shall be limited to a benefit of five thousand dollars ($5,000)
6
per dependent child per policy or calendar year and shall not be subject to deductibles and
7
coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall
8
not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For
9
the purpose of this section, “early intervention services” means, but is not limited to: speech and
10
language therapy, occupational therapy, physical therapy, evaluation, case management, nutrition,
11
service plan development and review, nursing services, and assistive technology services and
12
devices for
:
13
(1)
dependents
Dependents
from birth to age three (3) who are certified by the
department
14
of
executive office of health and
human services
(“EOHHS”)
as eligible for services under
part
15
Part
C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.)
; or
16
(2) Dependents who are older than age three (3) and are eligible for services pursuant to §
17
23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals
18
with Disabilities Education Act (20 U.S.C. § 1431 et seq.)
.
19
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified
20
early intervention providers, who are designated as such by the
department of human services
21
EOHHS
, for early intervention services as defined in this section at rates of reimbursement equal
22
to or greater than the prevailing integrated state/Medicaid rate for early intervention services as
23
established by the
department of human services
EOHHS
.
24
(c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
25
confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare
26
supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily
27
injury or death by accident or both; and (9) Other limited benefit policies.
28
SECTION 6. This act shall take effect on July 1, 2026.
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LC004426/SUB A
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LC004426/SUB A - Page 7 of 7
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 -- EARLY INTERVENTION
EXTENSION--BRIDGE TO PRESCHOOL
***
1
This act would permit children with diagnosed developmental disabilities whose third
2
birthday is between May 1 and August 31 to continue to receive early intervention services through
3
September 1 after the child’s third birthday. Further, this act would direct the EOHHS to develop
4
and implement a plan to ensure continuity of services and minimize gaps in support as children
5
with services transition to early childhood special education. Additionally, this act would require
6
private health insurers to cover this extended early intervention option.
7
This act would take effect on July 1, 2026.
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LC004426/SUB A
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LC004426/SUB A - Page 8 of 7