Senate Bill S5538

                                 
BILL NUMBER: S5538

SPONSOR: BASKIN
 
TITLE OF BILL:

An act to amend the public health law, in relation to infant eligibility
for state early intervention services due to elevated venous blood lead
levels

 
PURPOSE:

The objective of the bill is to make children diagnosed with an elevated
blood lead level (at or above 5mcg/dL) automatically eligible for Early
Intervention services in New York State under IDEA Part C.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Public Health Law.

Section 2 sets the effective date.

 
              

JUSTIFICATION:

The objective of the bill is to make children diagnosed with an elevated
blood lead level (at or above 5mcg/dL) automatically eligible for Early
Intervention services in New York State under IDEA Part C. Currently,
children are eligible in 19 other states.

Lead exposure is a longstanding public health issue that can result in
significant developmental, behavioral, and cognitive consequences for
children that can persist throughout their lives.

There is no safe level of exposure. Primary prevention remains the best
strategy to combat lead poisoning, but secondary interventions, like
Early Intervention (EI) services, are critical for mitigating its
impacts on children for whom prevention efforts have failed.

Early Intervention programs are designed to support children at risk of
developmental delays by leveraging the brain's neuroplasticity during
early childhood, a critical period of development. Research demonstrates
that children with developmental delays or at high risk for develop-
mental delays benefit most from interventions that start at an early
age.

In April 2015, the CDC released a report specifically highlighting the
potential of early childhood programs like Early Intervention to miti-
gate the negative effects of lead by taking advantage of the critical
window for intervention when children are young, and their developing
brains are more resilient.

Currently, 19 states provide automatic eligibility for El services to
children with elevated blood lead levels under the federal Individuals
with Disabilities Education Act (IDEA) Part C (most recently Illinois
and Ohio in 2019).

Lead exposure has been linked to developmental delays, behavioral
issues, lower IQ, ADHD, learning disabilities, and long-term socioeco-
nomic challenges. Even low blood lead levels (BLLs) have been shown to
negatively affect executive functioning, speech, and academic perform-
ance. These effects often become apparent after the critical window for
EI has passed, underscoring the need for early access to critical EI
developmental supports.

Expanding EI eligibility for lead-exposed children is both ethically and
economically justified, as it improves long-term outcomes and contrib-
utes to significant taxpayer savings realized from:

*Reduced need for costly special education services in K-12 schools

*Decreased healthcare costs including behavioral health services

*Decreased utilization of social services across the lifespan

*Averted expenses related to crime and criminal justice interventions
associated with lead-related behavioral issues

*Improved academic achievement and workforce participation, contributing
to higher lifetime earnings and tax revenues Research has shown prevent-
ing lead exposure yields significant economic benefits. Initiatives like
phasing out leaded gasoline and reducing lead paint hazards have saved
billions of dollars annually.  While primary prevention remains cost-ef-
fective, the economic and social benefits of providing timely secondary
interventions like EI for lead-exposed children are also substantial.

Ensuring lead-exposed children are eligible to receive EI services is
critical to addressing the developmental and educational deficits caused
by lead. Additionally, EI eligibility for lead-exposed children can
reduce associated costs across the lifespan resulting in reduced public
expenditures and increased economic productivity for New York State.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately.