IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
with disabilities have unusually high medical expenses.
Changes: We have revised §303.521(a)(3) to provide that
the State’s system of payments policies must indicate when
and how the State makes its determination regarding a
parent’s ability or inability to pay, and, in defining the
ability to pay, include extraordinary medical expenses as an example of family expenses.
Comment: One commenter requested that the final regulations provide further guidance on developing a State system of payments. The commenter recommended that, to ensure that a system of payments does not discourage families from participating in early intervention programs, the Department should develop regulations that set a maximum contribution limit by families.
Discussion: Section 632(4)(B) of the Act, concerning the
definition of “early intervention services,” and §303.521,
concerning a system of payments and fees, provide States with the option to establish a system of payments that sets forth policies specifying the amount of fees (including any fees charged to the family as a result of using one or more
of the family’s public insurance, public benefits, or
private insurance) that are subject to the State’s system
of payments. While we appreciate the commenter’s request
that the regulations identify maximum fiscal contributions