IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
program (e.g., Medicaid); (2) a statement of the no-cost
protection provisions in new §303.520(a)(2) and that if the
parent does not provide the consent under §303.520(a)(2),
the State lead agency must still make available those Part C services in the IFSP for which the parent has provided consent; (3) a statement that the parents have the right
under §303.414, if that provision applies, to withdraw
consent to disclose a child’s personally identifiable
information at any time; and (4) a statement of the general categories of costs that the parent would incur as a result of participating in a public benefits or insurance program (such as co-payments or deductibles, or the required use of private insurance as the primary insurance).
Finally, new §303.520(a)(4) requires the State to
identify both in its system of payments policies under
§303.521 and the written notification provided under new
§303.520(a)(3) any costs that the parent would incur as a
result of the State’s 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).
Comment: One commenter supported proposed §303.520(a)(1)
(ii), which would allow a public agency to use public insurance or benefits for Medicaid-eligible children in