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Bill Summary · HB 939

Overview

HB 939 (136th General Assembly, Ohio) proposes to expand and codify Ohio’s involvement with Part C early intervention services for eligible children by requiring county boards of developmental disabilities to provide early intervention services directly, and by clarifying the administration, funding, and oversight of these services. The bill would also reorganize related administrative provisions, creating a new section on early intervention and updating sections that govern service and support administration.

Primary purpose and intent

  • Establish a state-level obligation for county boards of developmental disabilities to provide early intervention services to all eligible children residing in the county as part of the state's Part C early intervention program.
  • Create a clear framework for how early intervention services are funded, delivered, monitored, and reimbursed.
  • Align Ohio’s Part C operations with federal Part C requirements by specifying eligible services, provider standards, and program administration.

Key provisions and changes

Section 5126.15 – Service and support administration (SSA)

  • Counties must provide SSA to:
    • Individuals age three and older who request SSA or whose authorized representative requests SSA.
    • Individuals receiving home and community-based services.
    • May provide SSA to children under three who are eligible for early intervention services under 34 C.F.R. part 303 and to individuals not eligible for other board services.
  • SSA delivery can be via direct employment or through contracted providers.
  • SSA staff must be dedicated to SSA activities and not perform non-admin or policy-making duties for other DD programs or rely on self-employment for delivery.
  • SSA duties include determining eligibility, assessing needs, developing individual service plans (ISPs) with active participation, budgeting, service selection assistance, ensuring service coordination, monitoring ISP implementation, and incorporating incident trends into ISP revisions.

New Section 5126.16 – Early intervention services (Part C)

  • County boards must provide early intervention services to all eligible residents as part of the state’s Part C program (per 5180.30).
  • Covered services include:
    • Occupational therapy
    • Physical therapy
    • Special instruction
    • Speech-language pathology services
  • County boards shall bear the costs of providing these early intervention services.
  • Funding details must be included in the board’s strategic plan and its written early intervention services policy.
  • annual reporting: within 90 days after the end of each state fiscal year, counties must submit a statement of expenses related to early intervention services to the Department of Children and Youth (DCY), including documentation required by rules.

Section 5180.31 – Department of Children and Youth (DCY) role

  • DCY may:
    • Enter interagency agreements to implement the Part C program and coordinate early childhood programs.
    • Distribute funds to program service providers via contracts, grants, or subsidies.
    • Establish a payment system to program service providers.
  • DCY currently reimburses counties for at least half of the costs county boards incur for early intervention services (as documented), with exceptions:
    • Reimbursement excludes expenditures funded through the service coordination grant or Title XX funds.

Section 5180.32 – Department rules

  • DCY director to adopt rules necessary to implement Part C, including:
    • Eligibility criteria for services and providers
    • Operating standards, data collection, monitoring, and evaluation
    • Appeals for service denials or terminations
    • Provider status denial or termination appeals
    • Complaint procedures
    • Criteria and documentation for provider payment
    • Documentation of expenses and reimbursement procedures
    • Metrics to measure provider performance

Repeal

  • Repeals existing sections 5126.15, 5180.31, and 5180.32 as part of the transition to the new framework.

Who and what is affected

  • County boards of developmental disabilities: responsible for delivering early intervention services and administering SSA under the new framework.
  • Eligible children residing in Ohio counties: recipients of early intervention services (occupational therapy, physical therapy, special instruction, speech-language pathology) and SSA.
  • Families and service providers: subject to new planning, budgeting, service coordination, and reimbursement arrangements.
  • Department of Children and Youth (and DCY under Ohio’s structure): oversees program implementation, funding distribution, rulemaking, monitoring, and reporting.
  • State policymakers and local boards: must incorporate funding details into strategic plans and comply with new reporting requirements.

Procedural and timeline aspects

  • Implementation timeline implied by statutory updates:
    • Counties begin providing the specified early intervention services and SSA under the revised framework.
    • Counties must include funding details in strategic plans and policies.
    • Within 90 days after the end of each state fiscal year, counties must submit expense statements to DCY.
  • Reimbursement structure:
    • DCY reimburses at least 50% of eligible county costs for early intervention services, with exclusions for certain funded activities (e.g., service coordination grants and Title XX funds).
  • Rulemaking:
    • DCY must adopt implementing rules addressing eligibility, provider standards, monitoring, appeals, data and expense documentation, provider payment, and performance metrics.

Potential impact

  • Increased county-level responsibility for early intervention services, potentially improving local coordination and access for eligible children.
  • Clearer alignment with federal Part C requirements, which could enhance eligibility determinations, service delivery, and accountability.
  • Financial implications for counties (costs borne by counties with partial state reimbursement) and for DCY (administrative and oversight responsibilities).
  • Structured reporting and performance measures aimed at tracking service quality and outcomes for young children with developmental disabilities.

Compiled from official sources — confirm details with the bill’s official record.

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