Earlier this month, the Agencies for Children’s Therapy Services, Inc. and two of its members filed a lawsuit against the New York state Department of Health. They are alleging that the department is violating its own regulations by failing to provide full reimbursement for early intervention services for infants and toddlers with disabilities and developmental delays.

New York’s Early Intervention Program supports the state’s youngest children — from birth to age 3 — who have developmental delays or conditions like autism, cerebral palsy and Down syndrome. 

The program serves approximately 70,000 children and families each year.

The suit seeks to overturn the DOH’s rate reductions for telehealth services and compel the department to immediately set reimbursement rates that fully cover provider costs and are reviewed annually as required by law.

The DOH does not comment on pending or ongoing litigation, but according to an emailed statement, said “the Department remains committed to supporting high quality early intervention services that serve thousands of children across New York State”.

Richard Rothwell, the CEO of Access Therapy Group, one of the plaintiffs in the lawsuit, joined Susan Arbetter of Capital Tonight to discuss.