What is required for parental authorization before a public school district can submit school Medicaid claims for reimbursement?
Public school districts in most states are permitted to seek reimbursement for certain school-based services that are permitted under their state’s Medicaid plan. The federal Department of Education has made it very clear that in order for the school district to re-disclose student information for purposes of Medicaid reimbursement the school district must obtain the consent of the parent or authorized guardian of the student. Federal Department of Education regulations (34 CFR 300.154(d)) provide mandates as to the one-time consent that a district must obtain along with the annual notification requirements so that parents are given sufficient notice as to their rights in regards to the disclosure of educational records for purposes of Medicaid reimbursement. At a minimum, states must comply with the federal requirements regarding consent and notification requirements. Some states adopt virtually the same requirements in their state statutes and regulations For example, in Maine, the Maine Unified Special Education Regulations (MUSERs) 05-071 Chapter 101, section XVIII.1.G. et seq, pp 203-205 ), as adopted by the Maine Department of Education, provide the same requirements for Maine public schools with respect to one-time consent and annual notification of parental rights.
Recently, the Maine Department of Health and Human Services published a billing guide that would appear to require additional or more specific consent requirements in addition to the federal and State Departments of Education requirements. While the Maine Department of Education could propose changes to the MUSERs pursuant to its jurisdiction in this area to mandate additional consent and notification requirements, the Department has not done so at this point.