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definition of this term in §303.7, which requires that the

parent be informed of all relevant information and that the consent be in writing.

Several commenters opposed requiring parental consent before accessing private insurance stating that requiring consent would result in a loss of funding for States. A few of these commenters recognized the need to protect a

family’s confidential information, but encouraged the

Department to consider other means to protect personally identifiable information that may not adversely affect funding for early intervention services under Part C of the Act. One commenter opposed the parental consent

requirement in proposed §303.520(b) because the commenter

noted that the State already must obtain parental consent

for services under §303.420 and questioned how the State

could bill private insurance without parental knowledge.

Discussion: The Department agrees with the majority of commenters that a State must obtain parental consent before

accessing a parent’s private insurance because of the

potential costs that can be incurred by a family with a privately insured child or parent as a direct result of using such insurance, as well as the other potential negative effects on the availability of private insurance for other family medical expenses, including services