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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.

system of payments policies when obtaining consent to use

the parent’s private insurance and some commenters

requested that the regulation clarify that this copy be provided to the parent because it is the parent who needs to be informed of potential costs as a result of the use of

the parent’s private insurance to pay for early

intervention services. One commenter requested that a

State include in its system of payments policies specific information about any potential effect the use of private

insurance could have on the parent’s annual or lifetime

caps under the parent’s private insurance.

Discussion: Section 303.520(b)(1)(iii), as proposed,

specifically stated that the lead agency, when obtaining

consent, must provide parents with a copy of the State’s

system of payments policies that identify the potential costs that the parent may incur as a result of the use of

the parent’s insurance to pay for Part C early intervention

services. We agree that notifying parents of potential

costs under §303.520(b)(1)(iii) requires States to identify

out-of-pocket costs such as co-payments, premiums, or deductibles as well as other long-term costs such as loss of benefits due to annual or lifetime insurance caps.

We also have revised §303.520(b)(1)(iii) to clarify

that the State system of payments policies must identify