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foster care without parental consent. Two commenters suggested that this section should specifically refer to

both children in “foster care” and “wards of the State.”

Discussion: We are removing proposed §303.520(a)(1)(ii)

because there is no cost for the use of Medicaid for children who are automatically considered eligible and enrolled under Medicaid because of their status in foster care under section 472 in Title XIX of the Social Security Act (SSA). We also do not need to explicitly add a

reference to “wards of the State” because section 472 of

the SSA applies to children who are “wards of the State”;

therefore, there would be no consent requirement for such

children.

Changes: We have removed proposed §303.520(a)(1)(ii).

Use of private insurance to pay for Part C services

(§303.520(b))

Comment: Most commenters, including lead agencies, parent groups, professional organizations, EIS providers, national organizations, a State interagency coordinating council, and individuals, supported the requirement in proposed

§303.520(b)(1)(i) that a State may access a parent’s

private insurance to pay for Part C services only if it obtains consent from the parent. Commenters supported the requirement that consent be provided in accordance with the