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of Insurance, Benefits, Systems of Payments, and Fees

§303.520 Policies related to use of public benefits or

insurance or private insurance to pay for Part C services.

(a) Use of public benefits or public insurance to pay for Part C services.

(1) A State may not use the public benefits or insurance of a child or parent to pay for Part C services unless the State provides written notification, consistent

with §303.520(a)(3), to the child’s parents, and the State

meets the no-cost protections identified in paragraph (a) (2) of this section.

(2) With regard to using the public benefits or insurance of a child or parent to pay for Part C services,

the State–-

(i) May not require a parent to sign up for or enroll in public benefits or insurance programs as a condition of receiving Part C services and must obtain consent prior to using the public benefits or insurance of a child or parent if that child or parent is not already enrolled in such a program;

(ii) Must obtain consent, consistent with §§303.7 and

303.420(a)(4), to use a child’s or parent’s public benefits

or insurance to pay for Part C services if that use would--

(A) Decrease available lifetime coverage or any other