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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.

the potential costs that parents may incur when their private insurance is used to pay for early intervention services under this part.

Changes: We have revised proposed §303.520(b)(1)(iii) to

add a reference to parents and to clarify that potential costs identified in the policies may include other long- term costs such as loss of benefits resulting from annual or lifetime insurance caps under a private insurance

policy. We also have replaced the phrase “while enrolled

in a private insurance program” with the phrase “when their

private insurance is used to pay for early intervention

services under this part.”

Comment: Some commenters supported proposed §303.520(b)

(2), which does not require the lead agency to obtain parental consent when a State has enacted specific statutory cost protections. These commenters stated that

§303.520(b)(2) would protect families while balancing the

need to make private insurance funds available to pay for Part C services. A few commenters requested clarification

of §303.520(b)(2).

Some commenters opposed this exception to the parental consent requirement because it: (1) would result in litigation; (2) lacks statutory authority; (3) is inconsistent with the Part B regulations in 34 CFR