Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

appropriate to define the term “actual costs of service.”

Proposed §303.521(a)(4)(iii) included two distinct

requirements relating to families not being charged more than the actual cost of service and families with insurance not being charged disproportionately more than those without insurance. We have clarified this section by separating the two requirements into paragraphs (a)(4)(iii) and (a)(4)(iv) of this section, respectively. The language

in new §303.521(a)(4)(iv) is the same as proposed

§303.521(a)(4)(iii), regarding the prohibition that

families with public insurance or benefits or private insurance not be charged disproportionately more than families who do not have public insurance or benefits or

private insurance. In §303.521(a)(4)(iii), we have further

clarified in a parenthetical that a family may not be charged any more than the actual cost of the Part C service (factoring in any amount received from other sources for payment for that service).

Changes: We have added the following parenthetical

“(factoring in any amount received from other sources for

payment for that service)” to revised §303.521(a)(4)(iii),

regarding the requirement that the lead agency cannot

charge a family more than the actual cost of a service. We

have moved the language from proposed §303.521(a)(4)(iii)