16-107. RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND WELFARE. The department of health and welfare, as the lead agency for administration of the provisions of this chapter, shall have primary responsibility for:

(a) The administration of all funds appropriated to implement the provisions of this chapter;

(b) The identification and coordination of all available financial resources within the state from federal, state, local and private sources;

(c) The entry into formal intra-agency and interagency agreements with other agencies involved in early intervention services. The agreement(s) must include programmatic and financial responsibility, procedures for resolving disputes and additional components necessary to ensure effective cooperation and coordination among all agencies involved in the state’s early intervention system. Agreements are to include statements addressing nonsubstitution or commingling of funds, interim payments and reimbursements, nonreduction of benefits and confidentiality. Agreements are to be signed by the administrators of:

(i) title V, social security act (relating to maternal and child health);

(ii) title XIX, social security act (relating to medicaid and EPSDT);

(iii) the head start act;

(iv) parts B and H of the individuals with disabilities education act;

(v) subpart 2, part B, chapter I of title I of elementary and secondary education act, 1964, as amended;

(vi) the developmentally disabled assistance and bill of rights act (PL100-146);

(vii) other federal programs.

(d) The entry into contracts with service provider agencies within a local community which have been identified by the regional committee;

(e) The development of procedures to monitor services that are provided to infants and toddlers with disabilities and their families;

(f) The development of procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending resolution of any disputes among public agencies or service providers;

(g) The writing of all policy and procedures and administrative rules in conjunction with the council which are necessary for implementation of the provisions of this chapter;

(h) Providing staff and services as may be necessary to carry out the functions of the interagency coordinating council.

History:

[16-107, added 1991, ch. 253, sec. 1, p. 626.]