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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.

commenters requested that this provision expressly specify that a State can bill both insurance and parents for early intervention services as long as the combination of the two does not exceed the actual cost of services. One commenter asked whether family fees can exceed the actual cost of services.

Discussion: Subject to any consent requirements in

§§304.420 and 303.520, the lead agency may use, as part of

its system of payments, funds from multiple sources (e.g.,

public insurance or benefits, private insurance, and family

fees) to pay for each Part C service in an IFSP. However,

the lead agency may not receive funds (whether from one or

a variety of sources, such as family fees or insurance, to pay for a particular service) that exceed the actual cost

of providing the service. Under a State’s system of

payments, the State may not charge a family an amount

that exceeds the actual cost of providing a particular Part

C service. Nor may the State charge a family for amounts received by the State from other funding sources for that service. Also, families may not be charged for the cost of

services specified in §303.521(b)(2), including evaluations

and assessments.

The actual cost for a Part C early intervention service may vary by State and, therefore, it is not