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:

www.gpo.gov/fdsys/pkg/FR-2011-09-28/pdf/2011-22784.pdf

NAME greatly appreciates the efforts by OSERS to address the financial and administrative burdens the current IDEA Parental Consent to access Medicaid regulation has created for LEAs while protecting and assuring the parents rights.

The NAME organization fully supports the changes that are outlined in the proposed regulation and encourages everyone who has been impacted by the current regulation to submit written comments.

The following document provides an overview of the proposed regulation, a link to the proposed regulation and instructions on how to submit official comments on the proposed regulation:

Four year historical review/timelines of the meetings and events NAME has had with OSERS/OSEP regarding the current Medicaid parental consent regulation:

The following are template letters for those interested for submitting official comments regarding the proposed regulation:

On May 14, 2012, the U.S. Department of Education released the Retrospective Review Plan Report. This was a summary of various regulations in regards to effectiveness, benefits and cost. The report included the proposed changes to the parental consent to access Medicaid regulation, 34 CFR ยง 300.154(d)(iv)(A). The report indicated that the proposed regulation would result in a savings of $14,144,000 to $41,423,000 annually. The report also indicated that they anticipate issuing the final regulation by July or August of 2012. Click here to read this ten page report.

Click Here to review the April 23, 2013 OSERS email sent to the State Directors of Special Education providing guidance on the effective date for the Part-B Insurance Regulation.