Status of the Proposed Regulation Regarding Parental Consent to Access Medicaid for Medically Related IEP Services.
On February 9, 2012 John Hill, NAME Governmental Affairs Committee Chair met with Jennifer Sheehy and Mary Louise Dirrigl from the Office of Special Education and Rehabilitation Services to discuss the status of the proposed changes to 34 CFR §300.154(d)(2)(iv). The proposed regulation was published in the Federal Register on September 28, 2011. The public comment period closed on December 12, 2011. The proposed regulation can be reviewed at: www.gpo.gov/fdsys/pkg/FR-2011-09-28/pdf/2011-22784.pdf.
To view all of the public comments submitted go to: www.regulations.gov.
- Click on "Read Comments";
- Select "Proposed Rule" in the Select Document drop down;
- Enter Key Word "ED-2011-OSERS-0012";
- Click "Search";
- Under "Actions" click on "Open Docket Folder"; then,
- Under "Document Type" mark "Public Submission".
Jennifer Sheehy and Mary Louise Dirrigl indicated that OSERS has completed its review of the comments, and is currently drafting the final rule. The draft final rule will be reviewed within the Department, and then forwarded to the Office of Management and Budget (OMB) for a 90 day review period. After approval by OMB, the Final Regulation will then be published in the Federal Register.
While Jennifer and Mary Louise could not give an estimated date on how long the process will take, they did indicate it is one of the Department’s priorities.