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.
to receive Part C services could potentially lose revenue if eligible parents decline to enroll in these programs. However, this potential loss of public benefits or insurance funds is outweighed by the benefits of protecting the privacy and autonomy of parents (including minimizing
any potential negative financial impact that use of public
benefits or insurance may have on parents). Moreover, the loss of public benefits or insurance does not increase the cost of early intervention services; it shifts the cost of those services to another revenue source.
Section 303.520(a)(2)(ii) requires the State to obtain
consent to use a child’s or parent’s public benefits or
insurance to pay for Part C services if such use would have a cost impact on the family, specifically if that use would decrease available lifetime coverage or any other insured benefit of the child or parent, result in the parents paying for services that would otherwise be covered by the program, result in any increase in premiums or discontinuation of benefits or insurance, or risk loss of eligibility for the child or parents for home and community-based waivers based on aggregate health-related expenditures.
We would expect that there would be few instances in which parental consent would be required under this