The regulation governing school districts’ ability to bill Medicaid for related services under IDEA has changed. According to the video posted by Pete Wright of Wrightslaw, there is a possible unintended consequence of this change in that ...it may be easier for school district personnel to make mistakes or intentionally submit fraudulent claims to Medicaid.
FROM THE US DOE GUIDANCE DOCUMENT:
The prior regulations required the public agency responsible for providing a free appropriate public education to a child with a disability under the IDEA to obtain parental consent each time access to public benefits or insurance (e.g., Medicaid) was sought.
The new regulations have two basic requirements. First, the public agency must notify parents in writing of a number of safeguards to protect their rights before the public agency accesses the child’s or parent’s public benefits or insurance to pay for services under the IDEA for the first time and annually thereafter.
Second, the public agency must obtain a one-time written consent from the parent that meets the requirements of 34 CFR §99.30 and §300.622, and also specifies that the parent understands and agrees that the public agency may access the child’s or parent’s public benefits or insurance to pay for special education or related services under part 300 (services under the IDEA). 34 CFR §300.154(d)(2)(iv).
Learn more at:
Wrightslaw Video on You Tube Indicating changes
http://www.youtube.com/watch?v=mTFmKd9ths4&feature=youtu.be
US DOE Guidance on Wrightslaw website
http://www.wrightslaw.com/idea/law/usdoe.guidance.medicaid.34cfr300.154.pdf
FROM THE US DOE GUIDANCE DOCUMENT:
The prior regulations required the public agency responsible for providing a free appropriate public education to a child with a disability under the IDEA to obtain parental consent each time access to public benefits or insurance (e.g., Medicaid) was sought.
The new regulations have two basic requirements. First, the public agency must notify parents in writing of a number of safeguards to protect their rights before the public agency accesses the child’s or parent’s public benefits or insurance to pay for services under the IDEA for the first time and annually thereafter.
Second, the public agency must obtain a one-time written consent from the parent that meets the requirements of 34 CFR §99.30 and §300.622, and also specifies that the parent understands and agrees that the public agency may access the child’s or parent’s public benefits or insurance to pay for special education or related services under part 300 (services under the IDEA). 34 CFR §300.154(d)(2)(iv).
Learn more at:
Wrightslaw Video on You Tube Indicating changes
http://www.youtube.com/watch?v=mTFmKd9ths4&feature=youtu.be
US DOE Guidance on Wrightslaw website
http://www.wrightslaw.com/idea/law/usdoe.guidance.medicaid.34cfr300.154.pdf
US DOE Guidance on Wrightslaw website
http://www.wrightslaw.com/idea/law/usdoe.guidance.medicaid.34cfr300.154.pdf
Commentary on Revision by Pete Wright
http://www.wrightslaw.com/idea/law/regs.medicaid.new.pdf
Link to Federal Registry with Change and comments
http://www.wrightslaw.com/idea/law/FR.v78.n31.page10525.medicaid.pdf
Karen Scallan
Program Director
Louisiana Family to Family Health Information Center
a statewide program of
Bayou Land Families Helping Families
286 Hwy 3185
Thibodaux, Louisiana 70301
Phone: 1-800-331-5570
Fax: 1-985-447-7988
Email: f2fhic@bellsouth.net
Web site: www.blfhf.org/f2fhic/indexSee More
Laftofhic Kidscomplexneeds shared a link via Wrightslaw.
IMPORTANT: EVERYONE WITH A CHILD IN SPECIAL EDUCATION AND ALL RELATED SERVICE PROVIDERS AND ADMINISTRATIVE PERSONNEL NEED TO REVIEW THIS VIDEO. There have been changes in the law pertaining to notification to families of when Medicaid is billed for a related service by the school system. We will be posting more on this information.
The PEAL Center shared a link.
The IDEA regulations governing school districts’ ability to bill Medicaid for related services under IDEA has changed. To see a one-page summary of the proposed regulations, click here http://tinyurl.com/anwuudh
pattidudek.typepad.com/pattis_blog/2013/02/ed-department-e...
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4 days ago – Excerpt from: Education Week (click for full article) School districts now ... to tap Medicaid funds for some students with disabilities, according to new regulations from the U.S. Department... ... http://www.typepad.com/services/trackback/ ... Patti Dudek on Families face long waits for Social Security disability ...
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