MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Boyd
AN ACT TO ENACT THE MISSISSIPPI EARLY INTERVENTION PILOT PROJECT ACT; TO PROVIDE FOR THE ESTABLISHMENT OF THE MISSISSIPPI EARLY INTERVENTION PILOT PROJECT WITHIN THE T.K. MARTIN CENTER AT MISSISSIPPI STATE UNIVERSITY, SUBJECT TO THE AVAILABILITY OF FUNDING, FOR A PERIOD OF ONE YEAR BEGINNING ON JULY 1, 2023; TO PROVIDE FOR THE PURPOSE OF THE PILOT PROJECT, INCLUDING THAT IT TAKE REFERRALS FROM PRIMARY CARE PROVIDERS WHO ARE LOCATED WITHIN THE DESIGNATED PILOT PROJECT AREA BASED ON AN IDENTIFIED CONCERN ON EITHER AN EVIDENCE-BASED DEVELOPMENTAL SCREENER OR A CAREGIVER CONCERN AND TO BE RESPONSIBLE FOR PROVIDING EARLY INTERVENTION SERVICES AS WELL AS ASSISTING FAMILIES WHO WILL TRANSITION FROM IDEA PART C SERVICES TO IDEA PART B SERVICES DURING THE PILOT PROJECT; TO PROVIDE FOR THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE T.K. MARTIN CENTER, INCLUDING REQUIRING THE DIRECTOR TO SUBMIT A REPORT TO THE LEGISLATURE AT THE CONCLUSION OF THE PROJECT; TO PROVIDE FOR THE ESTABLISHMENT OF THE EARLY INTERVENTION TASK FORCE TO STUDY THE IDEA PART C EARLY INTERVENTION SYSTEM IN MISSISSIPPI AND MISSISSIPPI'S LAWS REGARDING EARLY INTERVENTION; TO PROVIDE FOR THE GOALS AND RESPONSIBILITIES OF THE TASK FORCE; TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE; TO REQUIRE THE TASK FORCE TO DEVELOP AND REPORT ITS FINDINGS AND RECOMMENDATIONS FOR PROPOSED LEGISLATION TO THE LEGISLATURE ON OR BEFORE DECEMBER 1, 2023; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the "Mississippi Early Intervention Pilot Project Act."
(2) As used in this act, the following terms shall have the meanings ascribed herein:
(b) "Early intervention services" shall have the same meaning as defined in Section 41-87-5.
(c) "Eligible infants and toddlers" or "eligible children" shall have the same meaning as defined in Section 41-87-5.
(d) "IDEA Part B" means Part B of the Individuals with Disabilities Education Act pursuant to 20 USC 1411; 34 CFR 300.
(e) "IDEA Part C" means Part C of the Individuals with Disabilities Education Act pursuant to 20 USC 1431; 34 CFR 303.
(f) "IFSP" means Individual Family Service Plan.
(g) "Mississippi Early Intervention Pilot Project" or "Pilot Project" means the Early Intervention Pilot Project created in this act and administered by the T.K. Martin Center for Technology and Disability ("T.K. Martin Center") at Mississippi State University.
(h) "Primary service providers" means a family's primary contact for early intervention services who sees the family most often, who collaborates with all service providers on the IFSP team and who helps the family address the child's development from a holistic perspective.
(i) "University-based hub model" means a form of service delivery in which early intervention services are provided by state-employed personnel who provide service coordination, developmental assessments, developmental intervention, child find, and public awareness activities through Single Point of Entry District Offices (SPOE) located within public university systems.
(3) There is established within the T.K. Martin Center, the Mississippi Early Intervention Pilot Project, subject to the availability of funding for such purposes. The Pilot Project will deploy a fully staffed and salaried early intervention team in the designated pilot project area using a university-based hub model that is not dependent on contract providers. The purpose of the Pilot Project is to determine if this approach to treatment is as efficient and as effective, or more effective, than the current First Steps Early Intervention Program operated at the Mississippi State Department of Health.
(4) The Pilot Project shall:
(a) Be administered by the T.K. Martin Center at Mississippi State University;
(c) Take referrals from primary care providers who are located within the designated pilot project area based on an identified concern on either an evidence-based developmental screener or a caregiver concern;
(d) Provide timely and evidence-based early intervention services to eligible children;
(e) Collect and supply data on the efficacy of deploying a fully staffed and salaried intervention team using a university-based hub model not dependent on contract providers;
(f) Utilize the University of Mississippi Medical Center's Child Health Developmental Promotion (CHDP) fellows who shall provide in-kind services as additional service providers needed to enhance the early intervention services at the T.K. Martin Center;
(g) Provide early intervention services to children who are in the custody of Mississippi Child Protection Services;
(h) Partner with the Social Science Research Center at Mississippi State University who will provide project evaluation services;
(i) Be comprised of an early intervention team as required by IDEA Part C for service provisions and shall be comprised of a medical provider, occupational therapist, physical therapist, speech-language pathologist, early interventionist/developmental specialist, two (2) psychologists and a social worker, the majority of which are employees at the T.K. Martin Center or are CHDP fellows; and
(5) The Executive Director of the T.K. Martin Center shall:
(a) Submit a report to the Legislature on or before January 1, 2024, and at the conclusion of the Pilot Project; and
(b) Submit periodic reports to the "Early Intervention Task Force to Study the IDEA Part C Early Intervention System in Mississippi and Mississippi's Laws Regarding Early Intervention." (6) The reports shall include, but are not limited to, the following information:
(a) Total spent on Pilot Project funding;
(b) The amount of administrative costs to operate the Pilot Project;
(c) The demographics of designated pilot project areas;
(d) The number of children (by county and age) deemed eligible for services using current early intervention eligibility criteria;
(e) The number of children (by county and age) deemed eligible for services using expanded early intervention eligibility criteria which includes children at-risk of developing a delay;
(f) The number of children (by county and age) served by the Pilot Project;
(g) The number of children (by county and age) referred to the Pilot Project;
(h) The number of caregivers (by county) preferring service delivery in natural environments;
(i) The number of children (by county and age) served in natural environments;
(j) The number of caregivers (by county) opting for program intake by telehealth services;
(k) The number of children (by county and age) receiving timely services as required by IDEA Part C;
(l) The number of children (by county and age) exhibiting improvement in outcomes such as positive social emotional skills, acquisition and use of knowledge and skills, and use of appropriate behaviors;
(m) The number of families (by county) reporting that early intervention services have helped them in the following ways: knowing their rights, effectively communicating their children's needs and helping their children develop and learn;
(n) The number of children (by county and age) receiving timely referrals to an (IFSP) as required by IDEA Part C;
(o) The number of children (by county and age) with disabilities exiting IDEA Part C with a timely transition notification, conferencing and planning to enter IDEA Part B; and
(p) The data collected on program eligibility and family preference for, and feasibility of, services delivered in natural environments.
SECTION 2. (1) There is hereby established the "Early Intervention Task Force to Study the IDEA Part C Early Intervention System in Mississippi and Mississippi's Laws Regarding Early Intervention." The goal of the Task Force shall be to develop a recommendation to the Legislature on reforming the current early intervention system and laws in Mississippi, with a goal of increasing access to services for children from birth to age three (3) through a robust First Steps Early Intervention Program. The Task Force may propose legislation and rule changes based upon its recommendation.
(2) The members of the Task Force shall be as follows:
(a) The Chairmen of the Public Health Committees of the Mississippi Senate and the Mississippi House of Representatives, or his or her designee from their respective committee membership;
(b) The Chairmen of the Appropriations Committees of the Mississippi Senate and the Mississippi House of Representatives, or his or her designee from their respective committee membership;
(c) One (1) member of the Mississippi State Senate, to be named by the Lieutenant Governor; and one (1) member of the Mississippi House of Representatives, to be named by the Speaker of the House of Representatives, who are interested in early intervention issues;
(d) The State Health Officer of the Mississippi Department of Health or a designated deputy;
(e) One (1) designee that is a direct service provider in the First Steps Early Intervention Program, to be named by the State Health Officer;
(f) One (1) faculty member from the Social Science Research Center (SSRC) at Mississippi State University, to be named by the director of the SSRC;
(g) One (1) developmental-behavioral pediatrician with expertise in early childhood systems building, to be named by the Vice Chancellor of the University of Mississippi Medical Center;
(h) One (1) general pediatrician, to be named by the Mississippi Chapter of the American Academy of Pediatrics;
(i) One (1) clinical psychologist with expertise in social-emotional health of infants and toddlers, to be named by the Vice Chancellor of the University of Mississippi Medical Center;
(j) One (1) school psychologist, to be named by the Mississippi Association of Psychologists in the Schools;
(k) One (1) early interventionist/development therapist, to be named by the State Health Officer;
(l) The Executive Director of the Mississippi Early Learning Alliance;
(m) One (1) family advocacy representative to be appointed by the Executive Director of the Mississippi Coalition for Citizens with Disabilities.
(n) One (1) parent representative with a current or experience with early intervention to be appointed by the Executive Director of the Mississippi Coalition for Citizens with Disabilities.
(o) A faculty member from each of the universities within the Institutions of Higher Learning with an early childhood development program or early intervention program, to be named by the president of each university shall serve as advisory members to the task force; and
(p) Any other advisory members as determined necessary by the Joint Legislative Committee on Performance Evaluation and Expenditure Review.
(3) The Task Force shall meet within forty-five (45) days of the effective date of this act and shall evaluate the current early intervention laws in Mississippi. Specifically, the Task Force shall:
(a) Evaluate early intervention infrastructure in Mississippi and in states with better performance outcomes as compared to Mississippi, study the employment structures of early intervention systems and evaluate eligibility requirements to support serving more children within the early intervention system;
(b) Review billing and reimbursement processes and rates for early intervention services in Mississippi and in other states, to ensure a timely receipt of payment to providers;
(c) Explore options for an ideal location where early intervention services should be housed to reduce barriers to implementation;
(d) Study early intervention service delivery models used in surrounding states, including a university-based hub model and evaluate how this model may impact the training of students and future professionals;
(e) Access the efficiency of telemedicine for initial evaluations and therapeutic services deemed clinically appropriate;
(f) Explore the benefits of including additional service providers within the early intervention service delivery system;
(g) Review the Comprehensive Systems of Personnel Development (CSPD) and the quantity, quality and effectiveness of the early intervention workforce; explore the feasibility of funding a CSPD Coordinator within a state agency to assist in ensuring all early intervention providers meet competencies for serving young children;
(h) Evaluate the Early Intervention Pilot Project, as created in Section 2 of this act, review program data and provide recommendations;
(i) Explore the feasibility of developing an Office of Early Childhood and provide recommendations on this approach; and
(j) Review any other matters related to the above issues or related to early intervention services.
(4) The Task Force may request the assistance of the Mississippi Department of Health, the Social Sciences Research Center at Mississippi State University, the Mississippi Early Learning Alliance or any other related entity or organization with expertise in early intervention services.
(5) The members of the Task Force shall elect a Chair from among the members. The Task Force shall develop and report its findings and recommendations for proposed legislation to the Legislature and proposed rule changes to the Mississippi Department of Health on or before December 1, 2023. A quorum of the membership shall be required to approve any final report and recommendation. Members of the Task Force shall be reimbursed for necessary travel expense in the same manner as public employees are reimbursed for official duties from any available funds and members of the Legislature shall be reimbursed in the same manner as for attending out-of-session committee meetings.
(6) The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall provide necessary clerical support for the meetings of the Task Force and the preparation of the report. Proposed legislation shall be prepared by the Legislative Services Offices of the Senate and House as requested.
(7) The Task Force shall be dissolved upon presentation of its report.
SECTION 3. This act shall take effect and be in force from and after July 1, 2023.