The Colorado Department of Early Childhood proposes changes in two components of the Early Intervention Colorado Rules 8 CCR 1405-1:
- The Early Intervention (EI) program is adding requirements for redetermining children’s eligibility for the EI program annually. This ensures that the program is using its resources to serve children most in need of services and will result in approximately $1 million in cost savings annually (5.111 G Child Identification or 5.115 Individualized Family Service Plan (IFSP)). As part of community engagement efforts to identify EI budget balancing options, this strategy was proposed and supported by the majority of workgroup participants. The full report can be found here: December Request for Information (RFI)
- The EI program is clarifying the funding hierarchy to remove parent cost participation and child welfare and TANF as funding sources; and to clarify private insurance as plans that pay into the Early Intervention Services Trust (5.107 Coordinated System of Payment)
WHAT THIS MEANS:5.107 Coordinated System of Payment
- Funding Hierarchy
- Before, the funding hierarchy included private pay by the parent as an option. Because EI services must be provided to families at no cost, this option was removed
- The funding hierarchy is being changed to include only required funding sources
- Child welfare/TANF: These funding sources are not required to pay for EI services in Colorado, so they are being taken out of rule
- Colorado has an Early Intervention Services Trust where Colorado insurance companies pay for EI services. The rule clarifies private insurance as the Early Intervention Services Trust (EIST) because they are the only health insurance plans required to pay for EI services in Colorado
- Private Insurance other than the EIST
- While the EIST is required, there will still be attempts made to bill private insurance outside of the EIST when feasible
- Language was adjusted to clarify that families are not responsible for co-pays
5.111 G Child Identification or 5.115 Individualized Family Service Plan (IFSP)
- Before, every child enrolled in EI services received an assessment to see where the child was developmentally to inform their need for ongoing services.
- Now, every child enrolled in EI Colorado will have an annual evaluation to see if they are still eligible for the program
- This means a child must have a significant delay of 25% in two areas or a 33% delay in one area
- Children who are eligible with an established condition will remain eligible and will not be reevaluated annually
COMMUNITY ENGAGEMENT OPPORTUNITIESPlease submit comments using the
Public Comment for Early Intervention (EI) Colorado Rule Change Google Form regarding the draft EI Colorado Rules (
Redline Draft |
Clean Draft) by March 13, 2026.
NEXT STEPSCDEC will review and consider all public feedback received and will incorporate the recommendations into the draft EI Colorado Rule as able. The draft rules are expected to be reviewed by the Rules Advisory Council (RAC) on May 14, 2026, and considered for emergency adoption on May 28, 2026. The rules will go before the RAC again on June 11, 2026, and will be considered for permanent adoption on June 25, 2026.
Please visit the
Rulemaking and Rules Advisory Council's (RAC) webpage for more detailed information regarding the rulemaking timeline for these rules. If you have additional questions, please contact
CDEC_Rulemaking@state.co.us.
STAY INFORMEDAll rulemaking material received and collected, including written comments, will be publicly accessible and posted on the EI Colorado and the
Rulemaking and Rules Advisory Council's (RAC) webpage.