Early Intervention Services Circular Letter (Posted)

New York State Department of Health
Bureau of Early Intervention Electronic Mailing List

Early intervention services circular letter (Posted)


Dear Colleague:

The Bureau of Early Intervention (EI) is pleased to announce the release of a Circular Letter by the NYS Department of Financial Services reminding commercial insurance plans of their obligation under NY State Insurance Law to provide insurance plan benefit information to the municipality and early intervention service coordinator. In order to comply with this provision of the NYS Insurance Law, an issuer should inform the municipality and the early intervention service coordinator whether it is the issuer of the accident and health insurance policy, is acting as a third-party administrator for another issuer, or is acting as a third-party administrator for a self-funded plan. This information is critical to accurately inform the municipality and the early intervention service coordinator whether the subrogation provisions in State Insurance Law apply and whether benefits are available to reimburse the child’s Early Intervention Program service provider.  

The letter also reminds commercial insurance plans that since the municipality is financially responsible for the services, not the child’s guardians, and the municipality has a right of subrogation, issuers should pay any reimbursement for EI services directly to the EI provider subrogating under the policy.  Issuers should not make payment to the covered child or the child’s family. 

The Circular Letter can be accessed at http://www.dfs.ny.gov/insurance/circltr/2017/cl2017_15.htm

If you have any questions regarding this communication, please submit your question in writing to beipub@health.ny.gov