Deadline to Comment on Proposed IDEA School-Based Medicaid Parental Consent Regulation Rapidly Approaching

Monday, 28 November 2011 12:13

December 12, 2011 is the deadline to submit comments on the proposed change to the IDEA Part B regulation requiring schools to obtain parental consent to bill Medicaid for health-related IEP services. You can review the proposed regulation at: http://www.gpo.gov/fdsys/pkg/FR-2011-09-28/pdf/2011-22784.pdf, and public comments may be submitted online at http://www.regulations.gov/. 

The U.S. DOE Office of Special Education and Rehabilitative Services (OSERS) has expressed interest in receiving comments from a wide variety of constituents, including LEAs, parents, educators, Directors of Special Education as well as professional, advocacy and other stakeholder organizations. In proposing this regulation change, OSERS seeks to: clarify the requirements for informing parents about LEAs accessing Medicaid benefits for covered IEP services, and reduce unnecessary administrative and cost burdens associated with this process.

NAMES letter of support for the proposed regulation along with additional information, including “template” letters can be found in the post below.

Please feel free to also share this information with parents, advocates and associations in your local communities, as well as to contact John Hill, NAME Governmental Affairs & Public Relations Committee Chair at jhill@doe.in.gov, if you have questions. 

NAME Shares Support Letter and Templates for Proposed Parental Consent Change

Thursday, 20 October 2011 16:47

• Click here to view NAME's support Letter 

Proposed Change in Medicaid Parental Consent Regulation

Wednesday, 28 September 2011 12:37

On September 28, 2011, the Office of Special Education and Rehabilitative Services posted a proposed regulation in the Federal Register that will change the IDEA regulation requiring schools to obtain parental consent prior to billing Medicaid for health-related IEP services.  The proposed regulation can be found at:

Proposed Changes In Consent to Access Medicaid

Tuesday, 06 September 2011 14:39

Proposed Changes in Consent to Access Medicaid: 34 CFR § 300.154(d)(iv)(A)

Part B of the Individuals with Disabilities Education Act Notice of Proposed Rulemaking

On September 6, 2011, the Department released a notice of proposed rulemaking (NPRM) to amend the IDEA Part B regulations. Changes are being proposed to the regulations regarding when a State or local educational agency seeks to use a child’s or parent’s public benefits or insurance (e.g., Medicaid) to pay for Part B services. These proposed amendments to the Part B regulations would ensure the protection of the rights of parents and children and ensure that children with disabilities receive FAPE while addressing concerns raised by state educational agencies and local educational agencies regarding the burdens imposed by the current regulation.

The regulations should be published in the Federal Register in the next couple of weeks.

Part B Notice of Proposed Rulemaking:

Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.

• Download the Part B NPRM:
  MS Word (135KB) | PDF (239KB)
• IDEAPart B Notice of Proposed Rulemaking Page
• Additional IDEA Resources: IDEA Web site

As soon as the rule appears in the Federal Register, NAME will notify its members via email.  Upon actual publication into the Federal Register, there will be a 60 day comment period.  If you are in support of this proposed rule or have specific concerns, it will be essential that you submit official written comments indicating you support and/or concerns.  Check back to the NAME Home Page for updates.

If you have any questions please contact:

    John Hill, NAME Governmental Affairs Committee Chair

    Jhill@doe.in.gov