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Education Legal and Regulatory Research

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]

Federal Medicaid rules allow Medicaid reimbursement for school-based physical therapy (PT) and occupational therapy (OT) services if the services are prescribed by a physician or “other licensed practitioner of the healing arts” (LPHA) within the scope of practice under state law. Speech pathology (SP) and audiology patients must be referred by a physician or other LPHA within the scope of practice under state law. [More]

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FAQs in Medicaid

Under Medicaid's financing structure, state and federal governments share in the responsibility to finance the program. States must match up to 50% of Federal Medicaid payments. The link below Is to a document by the Kaiser Foundation that provides the details of Medicaid funding. [More]

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FAQs in Medicaid

The Family Educational Rights and Privacy Act (FERPA) requires a local education agency (LEA) to obtain from a student’s parent (or the student, if eligible) a written, dated and signed consent before disclosing personally identifiable information from the student’s education record. There are specific limited exceptions to this requirement as specified in the FERPA rules at 34 CFR Part 99. [More]

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FAQs in Medicaid | FERPA

Medicaid is a public health insurance program established by the federal government for certain low income individuals and families. States that elect to offer Medicaid to its citizens share with the federal government in financing the program. Among other benefits, Medicaid covers inpatient and outpatient hosptal services and medical office visits. Medicaid also covers comprehensive screening, diagnostic and treatment services for Medicaid-eligible children under the age of 21. [More]

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EPSDT | FAQs in Medicaid | Medicaid - General | Medicaid-School-Based

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]

Under FERPA, what are the parental consent requirements for Medicaid billing? Under the Family Educational Rights and Privacy Act (FERPA), with limited exceptions, local education agencies (LEA) are precluded from disclosing personally identifiable student information contained in education records, including health or medical information, without prior written parental consent. The U.S. Department of Education, Family Policy Compliance office has provided guidance regarding FERPA parental consent requirements when LEAs participate in Medicaid billing programs. Use the link below for more intormation and a link to the Department of Education's Advisory Letter. [More]

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]

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FAQs in Medicaid | Section 504


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