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OSERS Issues NPRM Regarding Parental Consent for Medicaid Billing

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The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) has issued a request for comments regarding a notice of proposed rulemaking (NPRM) about changes to IDEA’s § 300.154.

Currently the rule requires that districts obtain parental consent before billing Medicaid for IDEA services provided to Medicaid eligible students. The current practice is confusing to parents about why and when to sign consent forms. In a report issued in January 2023, the School Superintendents Association (AASA) documented the problem as “an unnecessary, time-consuming, and emotionally fraught process for districts and parents [alike].”

OSERS is proposing that the regulation change only require districts to notify parents of Medicaid billing for IDEA related services, simplifying the process.

Read the Federal Notification and directions for submitting comments regarding the federal rulemaking here. Comments are due on or by August 1st.

Posted:  19 May, 2023

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