ERIC Number: ED463596
Record Type: Non-Journal
Publication Date: 2002-Jan
Reference Count: N/A
Medicaid: Parent Consent Issues. Quick Turn Around (QTA).
Ahearn, Eileen M.
This report discusses federal regulations requiring parental consent before schools access Medicaid reimbursement for services provided to students with disabilities. It begins by explaining that in 1988, the Medicare Catastrophic Coverage Act allowed Medicaid to pay for covered medical services provided to Medicaid-enrolled children with special health care needs on their Individualized Education Program or Individualized Family Service Plan. According to regulations for the Individuals with Disabilities Education Act (IDEA), the financial responsibility of each non-educational public agency must precede the financial responsibility of the local education agency. However, parents may not be required to sign up for or enroll in public insurance programs in order for their child to receive free appropriate public education. Although IDEA does not require prior consent to access a family's public insurance coverage, the report reviews requirements under the Family Educational Rights and Privacy Act that require informed parent consent be obtained before a school can disclose information abut a student with a disability, including providing information to Medicaid to support a claim for benefits. Also, regulations for Part B of IDEA state that schools may access a parent's private insurance only if the parent provides informed consent each time the benefits are accessed. (CR)
Descriptors: Compliance (Legal), Disabilities, Elementary Secondary Education, Federal Legislation, Health Care Costs, Health Insurance, Legal Responsibility, Parent Rights, Parent School Relationship, School Responsibility
National Association of State Directors of Special Education, 1800 Diagonal Rd., Suite 320, Alexandria, VA 22314. Tel: 703-519-3800; Tel: 703-519-7008 (TDD); Fax: 703-519-3808; e-mail: email@example.com; Web site: http://www.nasdse.org. For full text: http://www.nasdse.org/forum.htm.
Publication Type: Information Analyses
Education Level: N/A
Sponsor: Special Education Programs (ED/OSERS), Washington, DC.
Authoring Institution: National Association of State Directors of Special Education, Alexandria, VA.
Identifiers - Laws, Policies, & Programs: Family Educational Rights and Privacy Act 1974; Individuals with Disabilities Education Act