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.

The comment period closed on December 12, 2011. The Office of Special Education and Rehabilitative Services (OSERS) is in the process of reviewing and preparing responses to the public comments. Continue to monitor the NAME home page for updates.

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 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

OSEP responded to question from NAME - Does 34 CFR 300.154(a)(1)34 CFR §300.154(a)(1) “The financial responsibility of each noneducational public agency described in paragraph (b) of this section, including the State Medicaid agency and other public insurers of children with disabilities must precede the financial responsibility of the LEA (or the State agency responsible for developing the child's IEP)”require an LEA to claim for Medicaid reimbursement? Link to OSEP response.