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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.

provision is vital to parents being informed about these potential costs and the system of payments policies

requirement ensures that as the State’s system of payments

policies are being developed and subject to public participation, these potential costs are identified as part

of the overall costs in the State’s system of payments for

Part C services.

Changes: We have restructured §303.520 to add a new

paragraph (a)(1) that requires the State to provide parents with written notification of the no-cost and confidentiality provisions in paragraph (a)(3) and to meet the no-cost protections identified in paragraph (a)(2) before it may use the public benefits or insurance of a child or parent to pay for Part C services.

New §303.520(a)(2)(i) provides that with regard to

using the public benefits or insurance of a child or parent to pay for Part C services, a State may not require a parent to enroll in a public benefits or insurance program as a condition of receiving Part C services, and clarifies that the State must obtain parental consent prior to using those benefits or insurance if the child or parent is not already enrolled in a public benefits or insurance program.

We have added in new §303.520(a)(2)(ii) the

requirement that, in addition to providing the parent the