Parental consent and Medicaid

ADMINISTRATIVE LETTER NO: 8
POLICY CODE: BG

The U.S. Department of Education has issued final regulations related to parental consent for the use of public benefits or insurance (i.e., Medicaid) to pay for services under Part B of the IDEA. The final regulations were published in the Federal Register on Feb. 14, 2013. The regulations will be effective on March 18, 2013.

The prior regulations required the public agency responsible for providing FAPE to a child with a disability under the IDEA to obtain parental consent each time access to public benefits or insurance (i.e., 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 asks the parent for permission to access the child’s or parent’s public benefits or insurance to pay for services under the IDEA for the first time and annually thereafter. 34 CFR §300.154(d)(2)(v).
  •  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). Written consent from the parent must be obtained again if the public agency seeks to access public benefits or insurance for a different type or amount of services for a specified period of time.

Here is a link for summary information on the changes: http://www2.ed.gov/policy/speced/reg/idea/part-b/part-b-parental-consent.html

The link includes:

  1. An unofficial copy of the revised regulations;
  2. A one-page summary of what the changes mean; and
  3. Non-Regulatory Guidance (Q & A) on the IDEA Part B Regulations Regarding Parental Consent for the Use of Public Benefits or Insurance to Pay for Services Under IDEA.

If you have questions, contact Jaci Holmes, Federal State Legislative Liaison, 624-6620 or jaci.holmes@maine.gov.

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