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From LEAnet: As you know, many school districts obtain partial Medicaid reimbursement for the mandated health-related services they provide to children with IEPs. These federal reimbursement dollars are growing even more critical as state education budgets continue to shrink.

On October 13, 2006, a new federal regulation* went into effect, stating that your school district "Must obtain parental consent . . . each time access to public benefits or insurance is sought" The term "public benefits" means Medicaid.

It is obviously impossible to obtain parental consent "each time access to public benefits . . . is sought" That would mean we would have to obtain informed written consent from a parent before we could seek reimbursement each time a covered service was delivered to that parent's child. Strict enforcement of this regulation would - and in many cases has - destroyed programs seeking Medicaid reimbursement for covered services provided pursuant to an IEP.

Before asking you to take action, LEAnet waited patiently for three years to see the full impact of the regulation. We have seen school reimbursement programs close and others not open because of the regulation. As things now stand, there is confusion among the states, with some imposing this requirement for individual consent for each billing and some completely ignoring the federal regulation. There is even much confusion as to the reasoning behind the regulation, but no matter . . .

Let's end the confusion. Let's fix this.

Because this is merely a regulation, it can be rescinded. You can help bring this about.

Immediately - today - send a message to Secretary of Education Arne Duncan asking him to rescind the parental consent regulation for school-based Medicaid reimbursement.

You can do so by email: arne.duncan@ed.gov

or by fax: 202-260-7867

Address your email or fax to: The Honorable Arne Duncan

The message is very simple:

"Please rescind the parental consent regulation"

We have done enough background work on this issue so that you can be assured that DOE understands which regulation you will be referring to.

Please do this today and join thousands of your colleagues across the country as we eliminate this ill-conceived impediment to your access to Federal reimbursement dollars. This is a coordinated effort and your immediate participation is needed.

Send your email or fax and watch what happens. Together, we can make this much-needed change. You have done it in the past to protect school-based reimbursement programs. Let's do it again.

*34 CFR §300.154(d)(2)(iv)(A)
**FERPA 20 U.S.C.617(c)


LEAnet
A national coalition of local education agencies
Vox: 916.222.9162
Fax: 989.956.5957