10/16/2026
On Wednesday afternoon, in a major win for early intervention providers, children and families, Albany Supreme Court Justice William T. Little ruled that the New York State Department of Health did not follow its own regulations relating to reimbursement in the Early Intervention Program. As a result of the Court’s decision, the NYS DOH now must review and revise the reimbursement rates for the EI Program and ensure that they provide full reimbursement and otherwise comply with Public Health Law and its own regulations for the program.
“We trust that Governor Hochul, given her strong record of support for children and families, will direct NYSDOH to immediately rescind the rate reductions at issue, and issue new rates that reflect actual provider costs,” said Jana Vitale, SLP, TSHH, BCBA, LBA, President of Agencies for Children’s Therapy Services.
The Children’s Agenda has long had a keen interest in advocating for improvements to EI to ensure that every infant and toddler has a chance to reach important developmental milestones. As leaders in the statewide Kids Can't Wait NYS Campaign, we continue to advocate for adequate rates of reimbursement that fully cover the costs to deliver EI services, address the urgent waiting lists, and ensure that our most vulnerable children and their families can benefit from the therapies to which they are entitled by law.
