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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

insurance are not considered available funding sources under Part C's payor of last resort provisions, unless a

parent has provided the consent required under §303.520(a)

(1) and (b)(1), concerning parental consent for use of public benefits or insurance or private insurance, or one

of the exceptions under §303.520(a)(2) or (b)(2) applies.

When other public funds are available to pay for Part C

services, such as funds from the Department of Defense’s

TRI-CARE medical assistance program or TANF, Part C funds are the payor of last resort.

Changes: None.

Comment: Several commenters recommended adding a reference

to the Children’s Health Insurance Program (CHIP) in

§303.510(c), which requires that nothing in this part be

construed to permit a State to reduce medical or other available assistance or to alter eligibility under Title V of the SSA or Title XIX of the SSA, within the State, because CHIP is a potential Federal funding source for early intervention services.

Discussion: Section 303.510(c) directly incorporates the payor of last resort provisions in section 640 of the Act, which only expressly reference Titles V and XIX of the SSA (which are the statutory authorities respectively for the Maternal and Child Health and Medicaid public benefits