Student Well-Being & Movement

New Medicaid Notification Rule Worries Some Special Educators

By Christina A. Samuels — August 29, 2006 2 min read
  • Save to favorites
  • Print

A change in Medicaid reimbursement policy has prompted concern from some special education officials who see it as potentially burdensome, but a federal official says the intent is to protect parental privacy rights, not to create more paperwork.

Medicaid, the nation’s health- insurance program for the poor, reimburses school districts for health services they provide to students with disabilities whose families are enrolled in Medicaid. Those services are primarily speech, physical, and occupational therapy.

The recently released final regulations for the 2004 reauthorization of the Individuals with Disabilities Education Act say that “each time” a district asks for reimbursement from Medicaid, it should notify parents.

The Department of Education said in releasing the regulation that obtaining parental consent each time the public agency seeks to use a parent’s public insurance to pay for a service is important to protect the privacy rights of the parent and “to ensure that the parent is fully informed of a public agency’s access to his or her public benefits.”

The problem, according to some who work with Medicaid at the state level, is defining “each time.” Medicaid benefits are often accessed multiple times during a school year, they say.

“The literal meaning makes it almost impossible to do, so we have to hope they mean something else,” said Cathy Griffin, the president of the National Alliance for Medicaid in Education and a specialist in third-party reimbursement policy for the Minnesota Department of Education.

But Alexa Posny, the director of the federal Education Department’s office for special education programs, said the new regulation is not intended to create a blizzard of paperwork for states. She gave an example of a child whose individualized education program requires three hourlong sessions a week of occupational therapy. Over the course of an average school year, that would amount to 108 sessions.

“The intent is to let parents know when the insurance is going to be tapped,” she said. “Not that they would have to sign 108 times.”

Annual Release Form?

Ms. Posny said one possible way to meet the goals of the regulation is to have parents of a child with disabilities sign a release form each year when the child’s IEP is developed. States can also elect to have parents sign releases more frequently, she said.

However, some states have blanket release forms that Medicaid beneficiaries sign just once, when they enroll in the public program.

“That would not meet the letter of the law,” Ms. Posny said. States need to establish “a pattern of informed consent,” she said.

After she was told of Ms. Posny’s comments, Ms. Griffin said in an e-mail that if that interpretation is followed, “although this will constitute a change in many states, at least it will be reasonable to administer.”

John Hill, a Medicaid liaison for the Indiana Department of Education, said his state already requires annual consent forms from parents. But the confusion over the regulation’s intent is not surprising, he said. Officials from the Education Department and the Centers for Medicare and Medicaid Services, the Department of Health and Human Services agency that oversees Medicaid, need to sit down and talk with each other, Mr. Hill said.

“Every single day, things get more complicated,” he added.

A version of this article appeared in the August 30, 2006 edition of Education Week as New Medicaid Notification Rule Worries Some Special Educators

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Student Well-Being & Movement Jury Finds Meta Platforms Harm Children. Why School Districts Are Eyeing This Verdict
A trial scheduled for this summer pits school districts against social media companies.
6 min read
Attorneys representing the state and those representing meta speak following the verdict where the jury found Meta willfully violated New Mexico's consumer protection laws, Tuesday, March 24, 2026 , in Santa Fe, N.M.
Attorneys representing New Mexico and those working for Meta talk following a verdict that found the social media company willfully violated New Mexico's consumer protection laws, on March 24, 2026, in Santa Fe, N.M. Schools have been paying increasing attention to how the use of social media can harm students.
Nathan Burton/Santa Fe New Mexican via AP, Pool
Student Well-Being & Movement Teachers Keep the Lessons of 'Mister Rogers' Neighborhood' Alive in the Classroom
Teachers say Fred Rogers' work has informed how they weave together academic and SEL lessons.
4 min read
This June 8, 1993 file photo shows Fred Rogers during a rehearsal for a segment of his television program Mr. Rogers' Neighborhood in Pittsburgh.
Fred Rogers rehearses a segment of his television program "Mister Rogers' Neighborhood" in Pittsburgh in this June 8, 1993 file photo.
Gene J. Puskar/AP
Student Well-Being & Movement Do Book Bans Protect Students, or Silence Needed Conversations?
When schools ban books that contain sensitive topics, is it the right move?
5 min read
Surreal open book ready to be read in a wild meadow
iStock/Getty
Student Well-Being & Movement Teens Are Sleeping Less. Why Schools Should Be Worried
Lack of sleep is directly tied to lower academic performance.
4 min read
A Mansfield Senior High School student rests during his health class on sleep, in Mansfield, Ohio, Dec. 6, 2024.
A high school student rests during a health class about sleep habits in Mansfield, Ohio, on Dec. 6, 2024. Researchers found that the number of teens getting insufficient sleep, defined as seven hours or less a night, rose from 69% in 2007 to 78% in 2023.
Phil Long/AP