1. (1) Qualified professional personnel employed by or under contract to: Speech pathology services may be provided under subparagraph (iv) of this paragraph by a teacher of the speech and hearing impaired under the direction of a speech pathologist. Under the direction of a speech pathologist means that a teacher of the speech and hearing impaired may provide services as long as a speech pathologist meets with such teacher on a regular basis and is available for consultation to assure that care is provided in accordance with the individualized education program or an interim or final individualized family services plan. Teachers of the speech or hearing impaired or speech pathologists who provide services or in the case of a speech pathologist under whose direction services are provided must be currently registered and certified in accordance with the New York State Education Law and the rules of the Commissioner of Education.

   1. (i) an approved home health agency;
   2. (ii) a hospital;
   3. (iii) an approved clinic or outpatient medical facility not part of a hospital; or
   4. (iv) a school district; an approved pre-school; a county in the State or the city of New York; an approved early intervention program; or a municipality in the State. Such services will be furnished as part of the development of or pursuant to an individualized education program or an interim or final individualized family services plan.

2. (2) A qualified private practicing therapist, therapist assistant or speech pathologist.

   (d) Definitions.

3. (1) Qualified professional shall mean:

   1. (i) occupational therapist, occupational therapy assistant, physical therapist, physical therapist assistant or speech pathologist who is licensed and currently registered with the New York State Education Department;
   2. (ii) occupational therapist, occupational therapy assistant, physical therapist or physical therapist assistant who possesses a limited permit and practice(s) under the supervision of the appropriate professional in accordance with requirements of the State Education Law;
   3. (iii) speech pathologist who is in the process of obtaining a license and has on file a ”Notification of approval of the Supervisory Plan” in accordance with requirements of the State Education Law; or

   4. (iv) out-of-state occupational therapist, occupational therapy assistant, physical therapist, physical therapist assistant or speech pathologist meeting the certification requirements of the appropriate agency of the state in which they practice.

      (e) Physician's written order required.

4. (1) Rehabilitation services must be supported by a written order of a qualified physician and must be carried out under his or her medical direction. The written order constitutes medical direction of the physician.
5. (2) Such written order must include a diagnostic statement and purpose of treatment.
6. (3) Such written order is required prior to treatment.
7. (4) In extraordinary circumstances and for valid reasons which must be documented, rehabilitation evaluation in the home may be initiated by a home health agency before the physician examines the recipient. Reimbursement cannot be made for more than one such rehabilitation evaluation visit to a recipient in the recipient's home before a physician's specific written order is obtained.

8. (5) Payment is available for a rehabilitation evaluation of a child who is suspected of having a handicapping condition or a disability and for whom an individualized education program or an interim or final individualized family services plan is being developed if the evaluation is performed in a school, an approved pre-school or a natural environment, including home and community settings, where such child would otherwise be found and the evaluation is initiated by a speech pathologist, occupational therapist, or a physical therapist.

   (f) Reimbursement.

9. (1) Except as otherwise provided in this subdivision, reimbursement for rehabilitation services must be in accordance with the rates and fees established by the Department of Health and approved by the Director of the Budget.
10. (2) Payment is available for rehabilitation services which are part of the development of, or furnished pursuant to, an individualized education program and which are provided by qualified professional personnel employed by, or under contract to, a school district, an approved pre-school, a county in the State or the city of New York. Reimbursement for such services must be made in accordance with the provider agreement.
11. (3) Payment is available for rehabilitative services which are part of the development of, or furnished pursuant to, an interim or final individualized family services plan and which are provided by qualified professional personnel employed by, or under contract to, an approved early intervention program or a municipality in the State. Reimbursement for such services must be made in accordance with the provider agreement.

(a) Provision of care.

Rehabilitation services, with the exception of services provided under subparagraph (c)(1)(iv) of this section, are available only if a physician provides a written order for the services to the medical assistance recipient and the services are an integral part of a comprehensive medical care program. Services provided under subparagraph (c)(1)(iv) of this section may be made available only if a physician, registered nurse, nurse practitioner, physical therapist, occupational therapist, or speech pathologist, who is acting within the scope of his or her practice under New York State law, recommends the medical assistance recipient for such services and the services are part of an individualized education program or an interim or final individualized family services plan. The health professional must be licensed, registered, and/or certified in accordance with the New York State Education Law and the rules of the Commissioner of Education. Such recommendation must be reflected in the individualized education program or an interim or final individualized family services plan. Rehabilitation services include not only services to the recipient but also instructions to responsible members of the family in follow-up procedures necessary for the care of the recipient.

(b) Where care may be provided.

Rehabilitation services may be provided in the recipient's home, in a hospital outpatient department, in an approved clinic or outpatient medical facility not part of a hospital, in an approved medical institution or facility, in an approved home health agency, in the office of a qualified private practicing therapist or speech pathologist and, with respect to a child receiving rehabilitation services pursuant to an individualized education program or an interim or final individualized family services plan, in a school, an approved pre- school or natural environment, including home and community settings, where such child would otherwise be found.

(c) Who may provide care.

Rehabilitation services may be provided by: