New York’s New Early Intervention System Delays Provider Payments, Causes Other Problems

On October 15, 2024, New York’s early intervention (EI) program data and billing management interface changed from the New York Early Intervention System (NYEIS) to a new EI-Hub. Many providers have experienced serious problems with EI-Hub during this transition time. ASHA has heard from audiologists and speech-language pathologists (SLPs) about provider payment delays, patient privacy concerns, and subsequent service disruption for more than 70,000 children enrolled in this critical program.

What ASHA Advocacy Is Doing

ASHA is deeply concerned about this situation and knows that providers cannot continue to provide services without getting paid and when patient privacy is at risk.

ASHA Advocacy and the New York State Speech-Language-Hearing Association (NYSSLHA) are working closely together on this issue, including supporting legislation (S1198-A/A10175) that would authorize the Department of Health (the agency that runs New York’s EI program) to conduct a thorough review of the EI system and would provide recommendations for a new funding formula to support providers.

S1198-A/A10175 has passed through both houses of the NY assembly and is awaiting Governor Kathy Hochul’s signature. NY EI providers can support this legislation and/or voice their concerns with the EI program by contacting the governor here. New Yorkers can write to Governor Kathy Hochul's office urging them to sign this legislation by filling out this form.

What New York EI Providers Can Do

File a Complaint About Patient Privacy

The Office of Civil Rights (OCR) at the federal Department of Health and Human Services is in charge of enforcing the Health Insurance Portability and Accountability Act (HIPAA). The HIPAA law applies only to covered entities, which does not include all health professionals. However, providers who bill NY’s EI program would likely qualify as covered entities because billing for that program involves transactions with the Medicaid program.

The Family Educational Rights and Privacy Act (FERPA) is a federal law that addresses student records, including who can have access to those records. The Student Privacy Policy Office (SPPO) at the Department of Education is in charge of enforcing FERPA.

Anyone who is concerned about disclosures of protected health information can file a HIPAA complaint with OCR at this link. Anyone who is concerned about disclosures of student health records can file a FERPA complaint with the SPPO at this link.

Report Provider Issues With EI-Hub

Concerns regarding EI services provided through the Individuals with Disabilities Education Act (IDEA) can be reported to the federal Office of Special Education Programs (OSEP). Members can contact Susan Kauffman, OSEP’s IDEA Part C―which includes EI―state contact for New York. Members should feel comfortable directly reaching out to OSEP with any implementation concerns involving IDEA.

Members can also go through IDEA’s state complaint procedures. Further explanation of the EI state complaint process is available here.

Questions?

If you have questions or similar issues with NY’s new EI system or another payer in your state, please contact ASHA’s health care and education policy team at reimbursement@asha.org.