NYSSED Special Education Field Advisory: IDEA Part B Regulations Concerning Parent Consent to Access Public Benefits/Medicaid

Monday, April 8, 2013

On February 14, 2013, the U.S. Department of Education published IDEA Part B final regulations that will make it easier for school districts to access public benefits/Medicaid while still protecting family rights. In lieu of requiring parental consent each time access to public benefits/insurance is sought (in addition to the consent required under FERPA) the regulations require that districts obtain a one-time written consent from the parent, after providing the requisite written notification proscribed by the rules, before accessing benefits/insurance for the first time. The written notification must be provided to the child’s parent both before accessing benefits/insurance and annual thereafter.

The Regulations technically went into effect on March 18, 2013, but until such time as New York State amends its regulations to conform with same, NYSSED has advised all Districts to continue to comply with the existing Commissioner’s Regulations relating to accessing public benefits/insurance. Those existing regulations can be found at:

http://www.p12.nysed.gov/specialed/publications/policy/medicaidconsent.htm and

http://www.p12.nysed.gov/specialed/publications/policy/medicaidconsentform.htm

Districts should have already received the NYSSED Field Memorandum addressing the Final Regulations.

Please also see this attached summary of the amended regulations and Guidance document, issued by the Department of Education: Special Education Field Advisory (H2011669)

 

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