Assemblywoman Amy Paulin sponsors a bill that would require the state Department of Health to study the Early Intervention Program and recommend ways it could improve.
PAUL BUCKOWSKI
Only about half of infants and toddlers approved to receive early intervention services receive them in the recommended timeframe in New York.
Eric Gay/AP
The most active stage of brain development is during the first few years of life, research has shown.
FatCamera/Getty Images
The Legislature has passed a bill that would require a comprehensive review of the state’s Early Intervention Program, but Gov. Kathy Hochul has vetoed it because funding wasn’t attached.
Don Pollard/New York Governor’s Office
ALBANY — When a young child is found to have a developmental delay or disability, intervention to help them at an early age can change the course of their life.
That’s because the most active stage of brain development happens in the first few years of a child’s life, when more than 1 million neural connections are formed every second, according to experts at the Center on the Developing Child at Harvard University.
Article continues below this ad
But thousands of children in New York who could benefit from those services don’t receive them as quickly as recommended by the state and federal standards.
That’s according to a new report being released Wednesday by The Children’s Agenda, a policy and advocacy group that prescribes a new path in the publication.
“New York is failing its youngest children who have developmental delays and disabilities,” said Brigit Hurley, chief program officer for the organization. “There are areas in need of reimagining and reform in the early intervention system.”
The report recommends that New York consider allowing new professionals to provide early intervention services so more would be available for eligible children, but the first suggested step would be a comprehensive study of the state’s program.
Article continues below this ad
New York has among the worst performance for the timely delivery of early intervention services, according to the report. Only two other states rank lower.
That’s the result of a handful of factors, the report found, but most boil down into two categories: the state’s administration of the program and how much funding it receives.
New York has administered its Early Intervention Program since 1993. Some of the problems that exist today can be traced back to its inception.
The program is funded publicly but is also fed by Medicaid dollars and private insurance payments. But the average reimbursement rates for service providers, according to the report, haven’t kept up with costs.
Article continues below this ad
The average reimbursement rate in 2024 was actually lower at about $69 than it was when the program began, according to the report. It was $79 in 1994.
“The lack of adequate reimbursement is due to the state’s lack of investment in the Early Intervention Program,” Hurley said. “There’s no reason why it has not received the resources it should.”
Gov. Kathy Hochul and the state Legislature approved a 5% rate increase for those providers last year, but that increase is stuck in limbo with the federal government.
The program’s other problems are more recent — like the state’s consistent decline in the share of children below the age of 3 that receive timely early intervention services. That’s defined by most states, including New York, as within 30 days of their approval.
Article continues below this ad
The process begins when a parent, pediatrician or other adult refers a child to the program when they suspect a developmental delay or disability.
That referral creates a 45-day deadline for a service plan to be developed if the child is determined eligible for the program. The plan is written with the child’s parent or guardian after an evaluation.
That plan’s approval then triggers the 30-day deadline for the child to receive early intervention services. Those include physical therapy, speed-language pathology and access to technology that could help them.
Only about 52% of infants and toddlers whose plans are approved received those services within that timeframe in early 2024, according to the report.
Article continues below this ad
It’s hovered around that level for the past three years but was nearly 73% as recently as 2018, the report found through an analysis of quarterly data.
“There are children who are receiving special education services in the K-12 setting that perhaps would not have to be in special education right now if they had received early intervention services,” Hurley said.
Because New York has the fourth-largest population in the U.S., the state also has a high number of children eligible for early intervention compared to most states. About 5% of the state’s infants and toddlers receive those services.
But other states that shoulder a higher share of eligible children have performed better, like in Massachusetts, where nearly 11% of infants and toddlers receive early intervention services.
Article continues below this ad
The report found that more than 99% of those children were served within 30 days of their plan’s approval.
Reaching a number like that would not be easy for New York, where the program is administered by the state Department of Health.
One option that could be considered, the report said, is to transfer the program to the state Education Department. That could create a smoother transition from early intervention to preschool special education.
But the report recommended that another action be taken first.
Article continues below this ad
A bill from Assemblywoman Amy Paulin, a Democrat who chairs the Health Committee, would require the agency to take a comprehensive look at the program and what could improve its performance.
“New York’s children deserve better than to rank last in the nation for timely access to early intervention services,” Paulin said. “This report makes it clear that we urgently need changes to be made.”
The bill would direct the agency to author a report analyzing the state’s calculations for reimbursement rates, the salaries of service providers, how other states have administered their program and if New York’s is difficult to access.
The last time both the state Senate and Assembly passed the bill was in 2024. But Hochul vetoed it because there wasn’t funding attached to finance the agency’s efforts.
Article continues below this ad
Lawmakers could make another attempt to negotiate a new version of the bill next year, when Hochul and the Legislature will negotiate the state budget.
The new legislative session is scheduled to begin in January.