Content Details
ED463596 - Medicaid: Parent Consent Issues. Quick Turn Around (QTA)
- Category
- Executive Agency Publications
- Collection
- Education Reports from ERIC
- SuDoc Class Number
- ED 1.615:
- Date Issued
- January 1, 2002
- Author
- Ahearn, Eileen M
- Source Institution
- National Association of State Directors of Special Education, Alexandria, VA
- Sponsoring Agency
- Special Education Programs (ED/OSERS), Washington, DC
- Publication Type
- Information Analyses
- Subject
- Compliance (Legal), Disabilities, Elementary Secondary Education, Federal Legislation, Health Care Costs, Health Insurance, Legal Responsibility, Parent Rights, Parent School Relationship, School Responsibility
- Identifiers
- Family Educational Rights and Privacy Act 1974, Individuals with Disabilities Education Act, Medicaid, Parental Consent for Minors
- Abstract
- 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.