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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.

Discussion: As part of the State’s responsibility to have

methods in place for establishing financial responsibility, it is critical that not only should such methods be

consistent with the State’s funding policies adopted under

Subpart F (including the system of payments) but such methods must expressly include any provisions the State has

adopted under §303.520 regarding the use of insurance to

pay for Part C services. Many of the provisions in

§303.520 regarding use of public benefits or insurance or

use of private insurance can only be implemented with one of the express methods identified in section 640 of the Act

and in §303.511 (such as an interagency agreement, State

statute, or Medicaid State plan) and the State must include its provisions regarding use of insurance in one of these methods to ensure adherence to these requirements.

Changes: We have added to the end of §303.511(d)(2) the

phrase “and include any provisions the State has adopted

under §303.520 regarding the use of insurance to pay for

Part C services.”

Policies related to use of insurance to pay for Part C

services (§303.520)

Use of public benefits or insurance to pay for Part C

services (§303.520(a))

Comment: We received many comments on the use of public