Author: Ryan Paiva | Posted: 29. July 2009 00:40
In 1988, the U.S. Supreme Court issued a decision in Bowen v. Massachusetts, 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, through the Medicare Catastrophic Coverage Act of 1988, amended Title XIX of the Social Security Act at Section 1903(c) as follows.
(c) Nothing in this title shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for medical assistance for covered services furnished to a child with a disability because such services are included in the child's individualized education program established pursuant to part B of the Individuals with Disabilities Education Act or furnished to an infant or toddler with a disability because such services are included in the child's individualized family service plan adopted pursuant to part C of such Act.
