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.
medical devices, including cochlear implants. One commenter suggested that excluding this service from the definition of health services is not consistent with the intent of Congress and would effectively deny eligible infants and toddlers a service necessary for the child to benefit from other Part C services.
Discussion: Excluding services related to the optimization (e.g., mapping) of a medical device that is surgically implanted, including cochlear implants, from the definition
of health services in §303.16, is consistent with section
602(1)(B) of the Act, which provides that the term assistive technology device does not include a medical device that is surgically implanted, or the replacement of such device. Further, this exclusion is consistent with the definition of related services in 34 CFR 300.34(b) of the Part B regulations, which provides that related services do not include a surgically implanted device, including a cochlear implant or a medical device that is
surgically implanted, the optimization of that device’s
functioning (e.g. mapping of a cochlear implant), maintenance of that device, or the replacement of that device.
The term “mapping” refers to the optimization of a
cochlear implant and is not included in the definition of