Issue #10-03

New York State Plan Amendment (SPA) #09-61 for the Preschool/School Supportive Health Services Program (SSHSP) was approved on April 26, 2010 by the Centers for Medicare and Medicaid Services (CMS), retroactive to September 1, 2009.  SPA #09-61 indicates that in order to be Medicaid reimbursable, speech therapy services must be provided by:

• A licensed and currently registered (ASHA certified or equivalent) speech-language pathologist qualified in accordance with 42 CFR Section 440.110(c) and applicable state and federal laws and regulations acting within his or her scope of practice under New York State law; or
• A teacher certified to provide speech and language services under the direction of such a qualified licensed and registered speech-language pathologist (ASHA certified or equivalent) acting within his or her scope of practice under New York State Law.

The Department of Health has received a determination from the New York State Office of the Attorney General that the New York State licensing standards for speech-language pathologists are equivalent to the American Speech-Language-Hearing Association’s certification requirements, for the time periods 2004-2009 and 2010 and forward.  This determination means that speech-language pathologists licensed by the State are qualified Medicaid providers regardless of whether they are also ASHA-certified.  A copy of the correspondence from the Office of the Attorney General is posted at Resources.

Refer to School Supportive Health Services guidance (Questions and Answers) for additional information about “under the direction of” requirements. 

If you have any questions or comments regarding this alert, please contact your local Regional Information Center representative or the NYS Education Department, Medicaid Unit at medined@mail.nysed.gov.