Legislative, Regulatory and Program Action

 

In October and November 2009 several legislative, regulatory and program events occurred that potentially impact school districts. [More]

Tags: , , , , ,

Categories:Legal Briefs (Newsletter) | News

 

DAB Decisions on CMS's Free Care Principle

 

In Decision No.1924, dated June, 14, 2004, the U.S. Department of Health and Human Services (DHHS) Departmental Appeals Board (DAB) ruled that the “free care principle”, as that term has been defined and applied to school districts by the Centers for Medicare and Medicaid Services (CMS) is not valid and that CMS cannot enforce the principle against school districts. DAB decisions are binding on CMS until appealed to and overturned by the DAB or a federal court. In response to CMS's request for reconsideration, the DAB denied the request and affirmed Decision 1924. [More]

Tags: , , , ,

Categories:EPSDT | Medicaid-School-Based | Section 504

 

IDEA and Section 504

 

What is the distinction between IDEA and Section 504 with regard to Medicaid billing for therapeutic health services provided to students with disabilities? IDEA and Section 504 of the Rehabilitation Act of 1973 require school districts to make accommodations for and provide necessary health services to students with disabilities to ensure access to a free appropriate public education (FAPE). All children with disabilities are subject to the rights afforded by Section 504. IDEA applies only to students with disabilities who have been determined eligible for special education and related services. [More]

 

The Free Care Rule and DAB 1924

 

The "free care rule" reflects the federal Medicaid requirement that Medicaid does not pay for services that are provided to the community without charge. Since school districts do not charge families for services, many Medicaid covered services provided by school districts are not reimbursable. DAB Decision 1924 clarified that the "free care rule" is unenforceable as it has been historically applied to school districts. Click on the link below for further information. [More]

Tags: , , ,

Categories:FAQs in Medicaid | Section 504