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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.

services in the IFSP to which the parent has provided consent.

Written notification to parents. As noted previously, we agree that parents must be informed regarding the implications of a public agency using their public benefits

or insurance. Therefore, we are adding in new §303.520(a)

(3) that, prior to using a child’s or parent’s public

benefits or insurance to pay for Part C services, the State

must provide written notification to the child’s parents.

This notification may be provided at any time but in no case later than when the State seeks to use the public benefits or insurance to pay for Part C services; without providing the notice, the State may not use such funds to pay for Part C services. The written notification must include the following four important pieces of information.

First, the notice must include a statement that

parental consent must be obtained under §303.414, if that

provision applies, before the State lead agency or EIS

provider discloses, for billing purposes, a child’s

personally identifiable information to the State public

agency responsible for the administration of the State’s

public benefits or insurance program (e.g., Medicaid) at

any time. The consent provision in §303.414 applies in

States where the State lead agency is not the State