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Beltway Briefs:
SSA To Update Rules For Evaluating Mental Retardation and OSEP
Indicates Respite Services Not Required Under IDEA Part C
Beltway
Briefs is a weekly series covering administrative activity,
litigation, legislative activity, media issues, research
initiatives, and national advocacy activity of interest to
member state agencies. Please feel free to contact me with
comments, questions, or suggestions by e-mail at
dberland@nasddds.org
or call (703) 683-4202 or fax to (703) 684-1395. I appreciate
the input.
by Dan Berland, Federal Policy Analyst, March 28, 2003
For more articles like this
visit
https://www.bridges4kids.org
SSA To Update Rules For Evaluating
Mental Retardation
The Social Security Administration (SSA) is planning to update
and revise the rules it uses to evaluate “mental disorders,”
including mental retardation, in both adults and children who
apply for Social Security disability benefits or Supplemental
Security Income (SSI) payments based on disability. SSA's
"Listing of Impairments" specifies the detailed criteria, bodily
system by bodily system, that SSA uses in determining whether an
applicant meets the statutory eligibility criteria to receive
SSI or SSDI disability benefits. Even relatively minor changes
in SSA's criteria for qualifying for SSI or SSDI benefits on the
basis of mental retardation can affect whether thousands of
children or adults nationwide are determined eligible to receive
federal income maintenance payments. The loss of SSI eligibility
means that groups of individuals may lose categorical
eligibility for Medicaid benefits, meaning, for example, that
states can no longer claim federal funding on their behalf if
they are enrolled in a waiver program or ICF/MR services.
Before drafting any revisions, SSA is asking interested people
and organizations to send them comments and suggestions for
revising the rules they use to evaluate mental disorders. SSA is
also interested in any ideas you have about how to improve their
programs for people who have mental disorders, especially those
who would like to work full-time or part-time with supports. The
Social Security Administration will accept your comments by e-mail to
regulations@ssa.gov; by
fax to (410) 966-2830; or by letter to the Commissioner of
Social Security, PO Box 17703, Baltimore, MD 21235-7703 no later
than June 16, 2003.
OSEP Indicates Respite Services Not
Required Under IDEA Part C
The Office of Special Education Programs (OSEP) in the U.S.
Department of Education (ED) has released a letter indicating
that respite is not a required early intervention service under
Part C of the Individuals with Disabilities Education Act
(IDEA). According to the letter, issued by OSEP Director
Stephanie Lee, the term “respite,” as used in sections of Part C
that list services that could be considered a necessary part of
early intervention, is “not intended to mean ‘reprieve’ or
‘rest’ but rather a child care-type service provided to enable
parent(s) to participate or receive other early intervention
services.”
Part C of IDEA requires that appropriate early intervention
services must be available to all eligible children and their
families. The Part C regulations list 16 types of services
included under “early intervention services,” but indicate that
the list is not exhaustive, and mention “respite” as another
possible component of early intervention services. According to
the OSEP letter, “respite” here is not intended to serve as
child-care or “baby-sitting” assistance in ordinary
circumstances, but rather as in-home or other care arrangements
for a child in order to allow the child’s family to participate
in early intervention services that include a defined family
component, such as family training or counseling services,
psychological services, or social work. Lee suggests that in
order for a parent to develop the capacity to assist his/her
child in meeting his/her developmental needs, the parent may
need respite or other type of care for the child while the
parent participates in appropriate early intervention
activities. Under these circumstances, the state is required to
provide respite or equivalent care.
Lee also provides formal clarification as to whether states have
discretion in determining what services are provided in addition
to those expressly listed in Part C of IDEA. Early intervention
services needed by a particular child are determined through the
Individualized Family Service Plan (IFSP) process. The letter
points out that the early intervention services that meet the
unique needs of a child and the supports and services necessary
to enhance the family’s capacity to meet the developmental needs
of the child are determined through the IFSP process. The state
is required to provide any service meeting Part C’s definition
of early intervention services that an IFSP indicates is
necessary to meet the developmental needs of the child or the
need of the family to enhance the child’s development. |
