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.
disclosure at any time, and that refusal to provide consent or withdrawal of this consent will not jeopardize their
child’s access to services under the Part C program.
Section 303.520(b)--Policies Related to Use of Private Insurance to Pay for Part C Services
Under §303.520(b), a State may not access a parent’s
private insurance to pay for Part C services unless the parent provides consent to do so, except in States that have enacted legislation that provides certain no-cost protections. Overall, we do not believe the final regulations will have a significant effect on States because private insurance funds represent a more limited
proportion of States’ Part C budgets than funds from public
benefits or insurance programs. Twenty-six States reported in either their FFY 2001 or 2002 Part C APRs that they used funds from private insurance and/or family fees to pay for
Part C services.7 For 21 of these 26 jurisdictions, the
average percentage of the State's overall Part C budget that represented funds from private insurance and/or family fees was 4.9 percent. Notably, those few States for which private insurance represents a relatively larger share of
their budget (i.e., more than 10 percent) are States that
would not be subject to the general consent requirement
The 2002 Part C APR was the last APR in which State lead agencies were required to report data on funding sources.