Must a diagnosis in support of eligibility under Other Health Impaired be current? What else must the diagnosis contain?
MUSER §VII.2.J(2)(b) requires that the IEP Team consider “any available written diagnoses.” Under MUSER §VII.2.J(2)(C), however, a determination of eligibility under OHI must be based upon a diagnosis which considered current diagnostic criteria. If the only diagnosis available to the Team predates the current diagnostic criteria, or otherwise indicates that current diagnostic criteria were not considered, then the Team must determine whether further evaluation should be obtained. Likewise, under MUSER §VII.2.J(2)(e), the diagnosis must be based on the those five methods of assessment identified in that section. A diagnosis that is not based on those five methods, while it must be considered, cannot by itself be the basis for an OHI eligibility determination; if the only diagnosis available to the Team did not utilize the five methods for assessment, then the Team must determine whether further evaluation should be obtained. (added October 2012)
May a Down Syndrome child obtain CDS Part C services without MaineCare?
Children who are eligible for Part C services must receive the early intervention services contained in the IFSP regardless of whether they are eligible for MaineCare. Please see MUSER §XVII.1.G.(2)(a)-(b). (added November 2012)