Section 95004 Of Chapter 1. General Provisions From California Government Code >> Title 14. >> Chapter 1.
95004
. The early intervention services specified in this title
shall be provided as follows:
(a) Direct services for eligible infants and toddlers and their
families shall be provided pursuant to the existing regional center
system under the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and the existing local education agency system
under appropriate sections of Part 30 (commencing with Section 56000)
of the Education Code and regulations adopted pursuant thereto, and
Part C of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1431 et seq.).
(b) (1) In providing services under this title, regional centers
shall comply with the Lanterman Developmental Disabilities Services
Act (Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code, and its implementing regulations (Division 2
(commencing with Section 50201) of Title 17 of the California Code of
Regulations) including, but not limited to, those provisions
relating to vendorization and ratesetting, and the Family Cost
Participation Program, except where compliance with those provisions
would result in any delays in, the provision of early intervention,
or otherwise conflict with this title and the regulations
implementing this title (Chapter 2 (commencing with Section 52000) of
Division 2 of Title 17 of the California Code of Regulations), or
Part C of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1431 et seq.), and applicable federal regulations
contained in Part 303 (commencing with Section 303.1) of Title 34 of
the Code of Federal Regulations. Notwithstanding any other law or
regulation to the contrary, private health insurance for medical
services or a health care service plan identified in the
individualized family service plan, other than for evaluation and
assessment, shall be used in compliance with applicable federal and
state law and regulation.
(2) When compliance with this subdivision would result in any
delays in the provision of early intervention services for the
provision of any of these services, the department may authorize a
regional center to use a special service code that allows immediate
procurement of the service.
(c) The use of private health insurance or a health care service
plan to pay for early intervention services under Part C of the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1431 et seq.) shall not:
(1) Count towards or result in a loss of benefits due to the
annual or lifetime health insurance or health care service plan
coverage caps for the infant or toddler with a disability, the
parent, or the child's family members who are covered under that
health insurance policy or health care service plan contract.
(2) Negatively affect the availability of health coverage for the
infant or toddler with a disability, the parent, or the child's
family members who are covered under that health insurance policy or
health care service plan contract, or result in a discontinuance of
the health insurance policy or the health care service plan contract
or coverage under the health insurance policy or health care service
plan contract for these individuals.
(3) Be the basis for increasing the health insurance or health
care service plan premium of the infant or toddler with a disability,
the parent, or the child's family members covered under that health
insurance policy or health care service plan contract.
(d) Services shall be provided by family resource centers that
provide, but are not limited to, parent-to-parent support,
information dissemination and referral, public awareness, family
professional collaboration activities, and transition assistance for
families.
(e) Existing obligations of the state to provide these services at
state expense shall not be expanded.
(f) It is the intent of the Legislature that services be provided
in accordance with Sections 303.124, 303.126, and 303.527 of Title 34
of the Code of Federal Regulations.