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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.

Concerning the commenter’s concern that personally

identifiable information would be disclosed to private insurers without consent, we recognize that the filing of claims for early intervention services may reveal limited personally identifiable information not already disclosed

to the insurer, but on balance, it is the Department’s

position that this disclosure is necessary in this limited circumstance to implement the requirements of sections 632(4)(B) and 640 of the Act.

Changes: We have clarified §303.520(b)(2) by moving the

phrase “the use of private health insurance to pay for Part

C services cannot” to each of §303.520(b)(2)(i), (b)(2)

(ii), and (b)(2)(iii). We also have replaced the word “or”

that appears at the end of §303.520(b)(2)(ii) with the word

“and”. Finally, we have added the phrase “expressly

provides” to the introductory text of §303.520(b)(2).

Inability to pay (§303.520(c))

Comment: None.

Discussion: Proposed §303.520(b)(1)(iv) should have

applied to both the use of public insurance and benefits

and private insurance for payment for services. We have

removed proposed §303.520(b)(1)(iv), and added a new

§303.520(c) to reflect the requirement that the inability

to pay provisions in this section apply to both the use of