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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.

(1) Adding new §303.520(a)(1) explicitly stating that

the State may not use the public benefits or insurance of a child or parent to pay for Part C services unless the State both provides parents with written notification about the IDEA Part C no-cost protections and applicable confidentiality provisions and meets the additional

specific no-cost protections identified in new §303.520(a)


(2) Adding new §303.520(a)(2)(ii) stating that

parental consent must be obtained if use of a child’s or

parent’s public benefits or insurance would result in the

following specified costs: (a) a decrease in the available lifetime coverage for a child or parent; (b) payment for services that would otherwise be covered by the public benefits or insurance program; (c) increases in premiums or discontinuation of public benefits or insurance for that child or the parents as a result of such use; or (d) a risk of loss of eligibility for the child or the parents for Medicaid home and community-based waivers based on aggregate health expenses.

(3) Adding new §303.520(a)(2)(iii) stating that if a

parent does not provide consent under new §303.520(a)(2)

(ii), the State must still make available those Part C