Updated Federal Regulations for Medicaid School-Based Claiming

Alert to Special Education Directors and Program Administrators:
Update Your Policies and Procedures on Medicaid

Because of changes in the regulations for the Individuals with Disabilities Education Act (IDEA) governing the use of public benefits or insurance (Medicaid) (found at 34 CFR §300.154), schools’ policies and procedures need to be updated to reflect these changes. Below are some guidelines to update your policies and information and how to submit your letter of assurance regarding these policies. The special education policy and procedure checklists for IDEA 2004 are available on the Arizona Department of Education/Exceptional Student Services (ADE/ESS), website at www.azed.gov/special-education/program-support-monitoring or from the Arizona School Boards Association (ASBA).

The new policies and procedures must reflect that:

  1. Parental consent is obtained prior to accessing a child’s or parent’s public benefits or insurance for the first time.
  2. The public agency must provide a written notification to the child’s parents before accessing the child’s or parent’s public benefits or insurance for the first time and prior to obtaining the one time parental consent and annually thereafter.

After updating the Medicaid section of your special education policies and procedures, send an assurance letter bearing your agency’s name, either electronically or by U.S. mail, certifying that you have updated the policies and procedures to include the new Medicaid changes. Direct this assurance letter to AnnMarie Short by August 16, 2013.

AnnMarie Short
1535 W. Jefferson St., Bin #24
Phoenix, AZ 85007
Fax: (602) 542-5404

ADE/ESS has created a website to provide information about Medicaid School-Based Claiming.  Sample parent notification and consent forms can also be found on the Memos and Communications page.

Monitoring Alert: Medicaid

Statement of Assurance

Updated Policies and Procedures – July 2013

One-Page Summary – February 2013