GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	3 

SENATE BILL 544*
Second Edition Engrossed 4/1/93
House Committee Substitute Favorable 6/16/93

Short Title:  MHDDSAS Early Intervention.	(Public)
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Sponsors:
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Referred to:  
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March 24, 1993

A BILL TO BE ENTITLED
AN ACT TO AMEND VARIOUS STATUTES PERTAINING TO EARLY INTERVENTION SERVICES FROM BIRTH TO FIVE YEARS OF AGE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143B-179.5 reads as rewritten:
"§ 143B-179.5.  Interagency Coordinating Council for Children from Birth to Five with Disabilities and Their Families; establishment, composition, organization; duties, compensation, reporting.
(a)	There is established an Interagency Coordinating Council for Children from Birth to Five with Disabilities and Their Families in the Department of Human Resources.
(b)	The Interagency Coordinating Council shall have 26 members, appointed by the Governor.  Effective July 1, 1994, the Governor shall designate 13 appointees to serve for two years and 13 appointees to serve for one year.  Thereafter, the terms of all Council members shall be two years.  The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16.  Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.  Members may be appointed to succeed themselves for one term and may be appointed again, after being off the Council for one term.
The composition of the Council and the designation of the Council's chair shall be as specified in the 'Individual with Disabilities Education Act' (IDEA), P.L. 102-119, the federal early intervention legislation.
							(c)	The chair may establish those standing and ad hoc committees and task forces as may be necessary to carry out the functions of the Council and appoint Council members or other individuals to serve on these committees and task forces.  The Council shall meet at least quarterly.  A majority of the Council shall constitute a quorum for the transaction of business.
(d)	The Council shall advise the Departments of Human Resources, and Environment, Health, and Natural Resources, and other appropriate agencies in carrying out their early intervention services, and the Department of Public Instruction, and other appropriate agencies, in their activities related to the provision of special education services for preschoolers.  The Council shall specifically address in its studies and evaluations that it considers necessary to its advising:
(1)	The identification of sources of fiscal and other support for the early intervention system;
(2)	The development of policies related to the early intervention services;
(3)	The preparation of applications for available federal funds;
(4)	The resolution of interagency disputes; and
(5)	The promotion of interagency agreements.
(e)	Members of the Council and parents on ad hoc committees and task forces of the Council shall receive travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(f)	The Council shall prepare and submit an annual report to the Governor and to the General Assembly on the status of the early intervention system for eligible infants and toddlers and on the status of special education services for preschoolers.
All clerical and other services required by the Council shall be supplied by the Secretary of Human Resources and the Superintendent of Public Instruction, as specified by the interagency agreement authorized by G.S. 122C-112(a)(13)."
Sec. 2.  G.S. 122C-112(a) reads as rewritten:
"(a)	The Secretary shall:
(1)	Enforce the provisions of this Chapter and the rules of the Commission and the Secretary;
(2)	Assist counties and area authorities in the establishment and operation of community-based programs within catchment areas specified in rules adopted by the Commission;
(3)	Operate State facilities and adopt rules pertaining to their operation;
(4)	Promote a unified system of services for the citizens of this State by coordinating services provided in State facilities and area facilities;
(5)	Approve the plans and budgets of an area authority and adopt rules pertaining to the content and format of these plans and budgets;
(6)	Adopt rules governing the expenditure of all area authority funds;
(7)	Adopt rules for the establishment of single portal designation and approve an area as a single portal area;
(8)	Except as provided in G.S. 122C-26(4), adopt rules establishing procedures for waiver of rules adopted by the Secretary under this Chapter;
(9)	Notify the clerks of superior court of changes in the designation of State facility regions and of facilities designated under G.S. 122C-252;
(10)	Promote public awareness and understanding of mental health, mental illness, developmental disabilities, and substance abuse;
(11)	Administer and enforce rules that are conditions of participation in federal or State financial aid;
(12)	Carry out G.S. 122C-361; and
(13)	Ensure that all types of early intervention services and any other such services that the Secretary, in cooperation with other appropriate agencies and upon the advice of the Interagency Coordinating Council for Children from Birth to Five with Disabilities and Their Families, established in G.S. 143B-179.5, considers necessary, shall be available to all eligible infants and toddlers and their families.
		The Secretary shall coordinate and facilitate the development and administration of the early intervention system for eligible infants and toddlers and shall assign among the cooperating agencies the responsibility, including financial responsibility, for services.  The Secretary shall be advised by the Interagency Coordinating Council for Children from Birth to Five with Disabilities and Their Families, established by G.S. 143B-179.5, and may enter into formal interagency agreements to establish the collaborative relationships with the Department of Environment, Health, and Natural Resources, the Department of Public Instruction, other appropriate agencies, and other public and private service providers necessary to administer the system and deliver the services.
		The Secretary shall adopt rules to implement the early intervention system, in cooperation with all other appropriate agencies."
Sec. 3.  G.S. 122C-146 reads as rewritten:
"§ 122C-146.  Fee for service.
The area authority and its contractual agencies shall prepare fee schedules for services and shall make every reasonable effort to collect appropriate reimbursement for costs in providing these services from individuals or entities able to pay, including insurance and third-party payment, except that individuals may not be charged for free services, as required in 'The Amendments to the Education of the Handicapped Act', P.L. 99-457, provided to eligible infants and toddlers and their families.  This exemption from charges does not exempt insurors or other third-party payors from being charged for payment for these services, if the person who is legally responsible for any eligible infant or toddler is first advised that the person may or may not grant permission for the insurer or other payor to be billed for the free services.  However, no individual may be refused services because of an inability to pay.  All funds collected from fees from area authority operated services shall be used for the fiscal operation or capital improvements of the area authority's programs.  The collection of fees by an area authority may not be used as justification for reduction or replacement of the budgeted commitment of local tax revenue."
Sec. 4.  This act is effective upon ratification.