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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.

that the parent would incur as a result of the State’s use

of private insurance to pay for early intervention services (such as co-payments, premiums, or deductibles), those

costs must be identified in the State’s system of payments

policies under §303.521; otherwise, the State may not

charge those costs to the parent

(iii) When obtaining parental consent required under paragraph (b)(1)(i) of this section or initially using

benefits under a child or parent’s private insurance policy

to pay for an early intervention service under paragraph (b)(2) of this section, the State must provide to the

parent a copy of the State’s system of payments policies

that identifies the potential costs that the parent may

incur when their private insurance is used to pay for early

intervention services under this part (such as co-payments, premiums, or deductibles or other long-term costs such as the loss of benefits because of annual or lifetime health insurance coverage caps under the insurance policy).

(2) The parental consent requirements in paragraph (b)(1) of this section do not apply if the State has enacted a State statute regarding private health insurance coverage for early intervention services under Part C of the Act, that expressly provides that --

(i) The use of private health insurance to pay for