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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.

§303.16 clarifying that requirement.

Changes: We have modified the definition of health

services in §303.16(a) to add the words “otherwise

eligible” before the word “child” in order to clarify that

a child must be eligible to receive early intervention services under this part in order to also receive health

services as defined in §303.16.

Comment: A few commenters expressed concern that the

definition of health services in §303.16 would broaden the

responsibilities of Part C lead agencies and result in an increased fiscal burden on States. Another commenter

suggested that the definition of health services in §303.16

would make it difficult to differentiate between developmental services and medical services.

Discussion: The only substantive difference between the

definition of health services in current §303.13 and the

proposed definition of health services in §303.16 is the

addition of §303.16(c)(1)(iii), which states that the

definition of health services does not include services that are related to the implementation, optimization (e.g., mapping), maintenance, or replacement of a medical device that is surgically implanted, including cochlear implants. This one substantive change limits, rather than expands, the responsibilities of Part C lead agencies.