Section Ed 1120.08 - Public and Private Insurance(a) An LEA shall comply with the requirements detailed in 34 CFR 300.154 and He-M 1301 when proposing to access public and private insurance. The LEA: (1) Shall obtain informed parental consent once, pursuant to 34 CFR 300.154(d), the first time the public agency seeks to access the child's public insurance;(2) Shall provide annual notification pursuant to 34 CFR 300.154(d)(2)(v). The annual notification shall include a withdrawal of consent provision. The withdrawal of consent provision shall terminate the LEA's authority to access the child's state public benefits or insurance program. This withdrawal of consent provision shall be effective upon the LEA's receipt of the parent's signed withdrawal;(3) Shall notify the parents that the parents' refusal to allow access to their public insurance does not relieve the public agency of its responsibility to ensure that all services detailed in the IEP are provided to the child at no cost to the parents;(4) Shall not require parents to sign up for or enroll in public benefits or insurance programs;(5) Shall not require parents to incur out of pocket expenses, deductibles, or co-pays;(6) Shall not use the child's benefit if it would reduce the available lifetime coverage or other benefit;(7) Shall not require the family to pay for services that otherwise would be covered by public benefits or insurance programs and are required for the child outside the time the child is in school;(8) Shall not result in an increase of the parents' premiums or result in the discontinuation of benefits or insurance; or(9) Shall not risk the loss of eligibility for home or community waivers based on aggregate health-related expenditures.(b) When accessing private insurance the LEA shall:(1) Obtain informed parental consent each time it proposes accessing private insurance; and(2) Notify the parents that the parents' refusal to allow access to their private insurance does not relieve the public agency of its responsibility to ensure that all services detailed in the IEP are provided to the child at no cost to the parents.(c) Part B Funds shall be available to be used if an LEA is unable to obtain parental consent to use a parents' private insurance to pay for specific services including deductibles or co-pay.(d) Proceeds of public benefits or insurance or private insurance shall not be treated as program income for purposes of 34 CFR 80.25.(e) Reimbursements from federal funds such as Medicaid shall not be considered "State or local funds" for purposes of maintenance of effort provisions of 34 CFR 300.163 and 34 CFR 300.203.N.H. Admin. Code § Ed 1120.08
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10590, Effective 5/15/2014, Expires5/15/2024.Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.