AN ACT Relating to provision of early intervention services for eligible children with disabilities from birth through two years of age; amending RCW 28A.155.065, 43.216.572, 43.216.574, and 43.216.576; adding a new section to chapter 43.216 RCW; creating a new section; providing effective dates; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1.  RCW 28A.155.065 and 2017 3rd sp.s. c 6 s 216 are each amended to read as follows:

(1) ((Each)) The department of children, youth, and families, which is identified as the state lead agency under RCW 43.216.020, shall oversee the provision of, and school districts ((shall)) may provide ((or contract for)), early intervention services to all eligible children with disabilities from birth ((to three)) through two years of age. Eligibility shall be determined according to Part C of the federal individuals with disabilities education act or other applicable federal and state laws, and as specified in the Washington Administrative Code adopted by the state lead agency((, which is the department of children, youth, and families)). ((School districts shall provide or contract, or both, for early intervention services in partnership with local birth-to-three lead agencies and birth-to-three providers. Services provided under this section shall not supplant services or funding currently provided in the state for early intervention services to eligible children with disabilities from birth to three years of age.)) The state-designated ((birth-to-three)) birth-through-two lead agency shall be payor of last resort for ((birth-to-three)) birth-through-two early intervention services provided under this section.

(2)(((a) By October 1, 2016, the office of the superintendent of public instruction shall provide the department of early learning, in its role as state lead agency, with a full accounting of the school district expenditures from the 2013-14 and 2014-15 school years, disaggregated by district, for birth-to-three early intervention services provided under this section.

(3))) The services in this section are not part of the state's program of basic education pursuant to Article IX of the state Constitution.

(2) The department must submit a final report that includes the agreed-upon funding model and any necessary statutory changes to the office of financial management and the fiscal committees of the legislature no later than September 1, 2018.

(3) This section expires July 1, 2020.

NEW SECTION.  Sec. 3.  A new section is added to chapter 43.216 RCW to read as follows:

The department shall direct public entities who are billing medicaid to provide early intervention services for children with disabilities from birth through two years of age to bill private insurance as soon as practicable.

Sec. 4.  RCW 43.216.572 and 2016 c 57 s 1 are each amended to read as follows:

For the purposes of implementing this chapter, the governor shall appoint a state ((birth-to-three)) birth-through-two interagency coordinating council and ensure that state agencies involved in the provision of, or payment for, early intervention services to infants and toddlers with disabilities and their families shall coordinate and collaborate in the planning and delivery of such services.

No state or local agency currently providing early intervention services to infants and toddlers with disabilities may use funds appropriated for early intervention services for infants and toddlers with disabilities to supplant funds from other sources.

All state and local agencies shall ensure that the implementation of this chapter will not cause any interruption in existing early intervention services for infants and toddlers with disabilities.

Nothing in this chapter shall be construed to permit the restriction or reduction of eligibility under Title V of the Social Security Act, P.L. 90-248, relating to maternal and child health or Title XIX of the Social Security Act, P.L. 89-97, relating to medicaid for infants and toddlers with disabilities.

Sec. 5.  RCW 43.216.574 and 2016 c 57 s 2 are each amended to read as follows:

The state ((birth-to-three)) birth-through-two interagency coordinating council shall identify and work with county early childhood interagency coordinating councils to coordinate and enhance existing early intervention services and assist each community to meet the needs of infants and toddlers with disabilities and their families.

Sec. 6.  RCW 43.216.576 and 1992 c 198 s 16 are each amended to read as follows:

State agencies providing or paying for early intervention services shall enter into formal interagency agreements with each other and where appropriate, with school districts, counties, and other providers, to define their relationships and financial and service responsibilities. Local agencies or entities, including local school districts, counties, and service providers receiving public money for providing or paying for early intervention services shall enter into formal interagency agreements with each other that define their relationships and financial responsibilities to provide services within each county. In establishing priorities, school districts, counties, and other service providers shall give due regard to the needs of children birth ((to three)) through two years of age and shall ensure that they continue to participate in providing services and collaborate with each other. The interagency agreements shall include procedures for resolving disputes, provisions for establishing maintenance requirements, and all additional components necessary to ensure collaboration and coordination.

(2) Sections 4 through 6 of this act take effect July 1, 2018.

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