Author: Ryan Paiva | Posted: 5. August 2009 01:15
On August 3, 2009, the U.S. Department of Education (USDE) announced plans for the early release of 11.37 billion in stimulus funds. Around September 1, 2009, $5 billion will be released for Title I, $6.1 billion for IDEA and $270 million will be released for Vocational Rehabilitation. [More]
Author: Ryan Paiva | Posted: 29. July 2009 23:18
The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 and contains, among other things, provisions for maintaining the privacy of an individual's "protected health informaion." The Family Educational Rights and Privacy Act (FERPA) was enacted in 1974 to protect the privacy of information maintained by a school district in a student's education records. [More]
Author: Ryan Paiva | Posted: 29. July 2009 20:29
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]
Author: Ryan Paiva | Posted: 29. July 2009 00:40
In 1988, the U.S. Supreme Court issued a decision in Bowen v. Massachussets, 487 U.S. 879, that established that school districts may receive Medicaid reimbursement for health services provided to Medicaid-eligible special education students. Subsequently, Congress amended the Social Security Act at Section 1903(c) as follows. [More]
Author: Ryan Paiva | Posted: 28. July 2009 00:42
In 1988, the U.S. Supreme Court opened the way for school-based Medicaid billing by upholding a decision by the U.S. Court of Appeals, First Circuit. It all began when the State of Massachussets appealed the Department of Health and Human Services' (DHHS) disallowance of reimbursment for services provided to Medicaid-eligible individuals by employees and contractors of the State Department of Education (DOE). [More]
Author: Ryan Paiva | Posted: 27. July 2009 23:33
Like the Individuals with Disabilities Education Act (IDEA), the Section 504 regulation requires school districts to establish a system of a system of procedural safeguards (due process) to govern the identification, evaluation, or placement of students with disabilities who need or are believed to need special instruction. Procedural safeguards are also required with regard to the discipline of Section 504 students. [More]
Author: Ryan Paiva | Posted: 25. July 2009 20:36
The early and periodic screening, diagnostic and treatment (EPSDT) provisions of the Social Securtiy mandates states to provide health, dental, vision and hearing screening and diagnostic services to Medicaid-eligible children under the age of 21. The states must provide children with treatment services if determined medically necessary through the EPSDT screening and diagnostic process. The states must provide for the treatment services even if the services are not included in their respective state plans for Medicaid. [More]
Author: Ryan Paiva | Posted: 25. July 2009 00:35
Title V of the Social Security Act provides for the Maternal and Child Health (MCH) block grant program. Under the MCH program, states may apply for grants to provide services for pregnant women and children with income at or below the national poverty line. [More]
Author: Ryan Paiva | Posted: 24. July 2009 23:35
What are the timelines for IEP stduents when school entries and exits exist? For example, if a student transfers from one school to another, does the clock start over from a federal perspective from date of referral to eligibility determination? Are there different timeframes based on different scenarios - transfers within LEA, transfers outside of LEA but within state and transfers from other states. [More]
Author: Ryan Paiva | Posted: 24. July 2009 00:44
On July 20, 2009, the State of New York and New York City agreed to repay $540 million to the federal government for alleged improper Medicaid payments for school-based services. The agreement settles two lawsuits filed under the federal False Claims Act. [More]
