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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.

parents have a separate right to consent to Part C services in the IFSP and to any changes in the frequency or intensity of services in the IFSP and the right to decline at any time the receipt of a particular Part C service without jeopardizing the right to any other Part C service

in the IFSP. Thus, while we appreciate the commenters’

desire to align the provisions related to the use of public insurance under Parts B and C of the Act, the differences in how these two programs treat costs to families, the responsibility for funding, and the consent for services, as well as the administrative structure of Part C programs argue against treating this issue in precisely the same manner in both programs.

We have aligned where practicable the consent provisions for the use of public and private insurance to pay for Part C services, partly in response to commenters. Specifically, for a State to use private insurance or to use public benefits or insurance to pay for Part C services, the State may use such funding sources without obtaining parental consent when the State ensures that parents do not incur specific costs (as set forth in

§§303.520(a)(2) and 303.520(b)(2)), but must obtain

parental consent when such costs are incurred as a result of using such funding sources. We also place continued