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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.

written notification, a State must obtain parental consent

if use of a child’s or parent’s public benefits or

insurance would result in the following specified costs: a decrease in the available lifetime coverage or any other insured benefit for a child or parent; payment for services that would otherwise be covered by the public benefits or

insurance program; increases in premiums or discontinuation

of public insurance or benefits for that child or parent as a result of such use; or a risk of loss of eligibility for the child or the parent for Medicaid home and community- based waivers based on aggregate health expenses.

We have added in new §303.520(a)(2)(iii) a provision

clarifying that if a parent does not provide consent under

new §303.520(a)(2)(ii), the State must still make available

those Part C services in the IFSP to which the parent has provided consent.

The contents of the written notification are specified

in §303.520(a)(3). Specifically, the notification must

include: (1) 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