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are included in the child’s IFSP adopted pursuant to Part C

of the Act.”

Comment: One commenter opposed referencing §303.520,

regarding use of insurance for payment of services, in

§303.510(a), regarding payor of last resort. The commenter

noted that in light of Part C’s payor of last resort

requirements parental consent should not be required for

the use of private insurance in §303.520 because the

requirement to obtain parental consent diminishes the lead

agency’s capacity to implement a consistent payor of last

resort policy. The commenter requested that the Department

clarify, amend, or remove the reference to §303.520 in

§303.510(a).

Discussion: The requirement in §303.510(a) directly

incorporates the long-standing payor of last resort requirements in section 640(a) of the Act (and reflected in

current §303.527(a) and (b)). The reference to §303.520 in

§303.510(a) was added to ensure that States do not

interpret Part C payor of last resort provisions to

override the requirements in §§303.520 and 303.521,

concerning use of insurance and systems of payments.

As discussed in response to comments on §303.520, the

Department has determined that funds from public health insurance or benefits (e.g., Medicaid or CHIP) or private