Under the Direction Of Definition
DEPARTMENT OF EDUCATION
SCHOOL SUPPORTIVE HEALTH HEALTH RELATED SUPPORT
SERVICES POLICY SERVICES (HRSS)
1. "Under the direction of" a Speech - Language Pathologist"Under
the direction of" means that speech-language pathology
services may be provided by a teacher of the speech and hearing
handicapped under the direction of a speech-language pathologist
where appropriate, as defined in the New York State Social Services
regulations, chapter II, Part 505.11. The speech-language
pathologist providing the direction may be in the employ of the
local
school district or on a contractual basis. Unless otherwise mandated
by a statute or regulation the speech-language pathologist providing
direction must:
a. assure the delivery of speech-language pathology services as
per the
child's Individualized Education Program (IEP);
b. Assure that the services are medically appropriate.
The New York State Social Services Law, Part 365(a) 2
governs medical necessity and allows payment through
Medicaid for care, services and supplies which will either
treat a disability or overcome a condition which interferes
with the capacity for normal activity;
c. be readily available, as needed, to the teacher of the speech
and
hearing handicapped for assistance and consultation but need not
be
on the premises; and
d. review periodic progress notes prepared by the teacher of the
speech
and hearing handicapped, consult with the teacher and make
recommendations, as appropriate. (now mandated in Part 200.4 of
the Regulations of the Commissioner).
ยง 365-a. Character and adequacy of assistance
1. The amount, nature and manner of providing medical assistance
for
needs persons shall be determined by the public welfare official
with
the advice of a physician and in accordance with the local medical
plan, this title, and the regulations of the department.
2. "Medical assistance" shall mean payment of part or all of the
cost of
medically necessary medical, dental and remedial care, services
and
supplies as authorized in this title or the regulations of the
department, which are necessary to prevent, diagnose, correct or
cure conditions in the person that cause acute suffering, endanger
life, result in illness or infirmity, interfere with such person's
capacity
for normal activity, or threaten some significant handicap and
which
are furnished an eligible person in accordance with this title
and the
regulations of the department. Such care, services and supplies,
together with such medical care, services and supplies provided
for in
subdivisions three, four, and five of this section, and such medical
care, services and supplies as are authorized in the regulations
of the
department:
(a) [For effective and termination dates, see notes below. See,
also, par.
(a) below.] services of qualified physicians, dentists, nurses
except
that private duty nursing shall be provided subject to section
three
hundred sixty-seven-1 of this chapter, and private duty nursing
services hall be further subject to the provisions of section three
hundred sixty-seven-o of this chapter, optometrists, and other
related
professional personnel;
(a) [Eff, June 30, 1994. See, also, par. (a) above.] services of
qualified
physicians, dentists to the extent authorized by paragraph (e)
herein,
nurses, optometrists, podiatrists and other related professional
personnel;
(b) care, treatment, maintenance and nursing services in hospitals,
nursing homes that qualify as providers in the Medicare program
pursuant to title XVIII of the federal social security act,