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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.

for costs such as co-payments or deductibles if a parent is determined unable to pay.

Changes: We have revised the language in paragraph (b), and added a new paragraph (c).

Comment: Some commenters expressed concern that the use of

private insurance under §303.520(b) for Part C services

could make private insurance benefits unavailable for additional medical or other services that are not covered by Part C of the Act. One commenter recommended that exemptions be available to families if using their private insurance to pay for early intervention services reduces the benefits they receive through private providers. The commenter stated that families should not be penalized for allowing a State to use their insurance to pay for early intervention services.

Discussion: It is the Department’s position that including

an exception to parental consent is not necessary because consent is voluntary. A parent may always decline a request from the lead agency or EIS provider to consent to

the use of the parent’s private insurance for all or any

specific Part C service.

In those very few States that have adopted statutory protections concerning private health insurance coverage for early intervention services under Part C of the Act