Section 5-A3112. METHODS TO ENSURE THE PROVISION OF, AND FINANCIAL RESPONSIBILITY FOR, PART C SERVICES

 

3112.1The Lead Agency shall utilize interagency agreements between each state public agency and the Lead Agency in order to ensure:

 

(a) The provision of, and establishing financial responsibility for, early intervention services provided under the IDEA and this chapter; and

 

(b) Such services are consistent with the requirement in Section 635 of the IDEA and the State’s application under Section 637 of the IDEA, including the provision of such services during the pendency of any dispute between state agencies.

 

3112.2The Lead Agency shall utilize public insurance, such as Medicaid’s Title XIX and the Early Periodic Screening Diagnosis and Treatment (EPSDT) program (42  U.S.C. § 1396), to the maximum extent possible. 

 

3112.3The D.C. Department of Health Care Finance shall ensure timely reimbursement for services provided in accordance with Part C services including but not limited to, service coordination, evaluation and assessment, and IFSP services.

 

3112.4The Lead Agency and the D.C. Department of Health Care Finance shall identify policies and procedures for allocating financial responsibility for Early Intervention Services through an inter-agency agreement. 

 

3112.5Pursuant to 34 C.F.R. § 303.520(a), the Lead Agency shall obtain written parental consent to access public benefits or insurance to pay for Part C services. 

3112.6Pursuant to 34 C.F.R. § 303.510(c), nothing in Subsection 3113.2 shall permit a District of Columbia agency to reduce medical or other assistance available to children and families in the District of Columbia or to alter eligibility under Title V of the Social Security Act, 42 U.S.C. §§ 701, et seq. (SSA) or Title XIX of the SSA, 42 U.S.C. § 1396, including Section 1903(a) of the SSA regarding medical assistance for services furnished to an infant or toddler with a disability when those services are included in the child’s IFSP adopted pursuant to part C of the IDEA.

 

authority

Section 3(b) of the State Education Office Establishment Act of 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602 (b)(11) (2012 Supp.)); pursuant to Section 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 7-863.04 (2008 Repl.)); Part C of the Individuals with Disabilities Education Improvement Act of 2004, approved December 3, 2004 (P.L. 108-446, 118 Stat. 2648; 20 U.S.C. §§ 1400 - 1482); and Mayor’s Order 2009-167, dated September 28, 2009.

source

Final Rulemaking published at 60 DCR 5614 (April 12, 2013).