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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.

importance on informing parents of the potential costs

through the notification provisions in §303.520(a)(3) and

(a)(4) for public benefits or insurance and ensuring that

States provide parents with a copy of the State’s system of

payments policies under §303.520(b)(1)(iii) for private

insurance. The one unique scenario for public benefits or insurance is the initial act of enrollment for which there is no parallel for private insurance and we are maintaining

a parent consent requirement in new §303.520(a)(2)(i) for

this circumstance for the reasons described earlier.

Costs associated with using public benefits or

insurance. We are retaining in new §303.520(a)(4) the

provisions in proposed §303.520(a)(2), which require the

State to identify in its system of payments policies under

§303.521 any costs that the parent would incur as a result

of a State using a child’s or parent’s public benefits or

insurance to pay for Part C services (such as co-payments or deductibles, or the required use of private insurance as

the primary insurance). New §303.520(a)(4) also specifies

that the written notification provided under new

§303.520(a)(3) must identify these costs. The State must

comply with both of these requirements in order to use the

child’s or parent’s public benefits or insurance for Part C

services. The Secretary believes the notification