NPRM: Assistance to States for the Education of Children With Disabilities WASHINGTON, D.C. (May 18, 2023) – The U.S. Departments of Education (ED) and Health and Human Services (HHS) announced<https://sites.ed.gov/idea/ed-hhs-propose-regulations-for-schools-to-deliver-health-care-to-students/> updated resources and proposed regulations for schools to deliver health care to eligible students, May 18. The departments will hold a stakeholder call on the “School-based Services in Medicaid Super Guide,” May 22, 3:30 p.m. ET. Those interested in attending the call can register online<https://cms.zoomgov.com/meeting/register/vJIsce2rpjopH8nij9E9dKiJnV-LfOmumKQ>. ED’s Notice of Proposed Rulemaking ED’s Notice of Proposed Rulemaking (NPRM) would also result “in a uniform process applicable to all Medicaid enrolled children, regardless of disability,” according to the press release<https://www.ed.gov/news/press-releases/biden-harris-administration-takes-action-help-schools-deliver-critical-health-care-services-millions-students>. “It is crucial to remove barriers for schools so they can more easily provide Medicaid covered services to their students enrolled in Medicaid.” ED predicted that almost 300,000 of the 500,000 new students found eligible under the IDEA Part B each year are likely to qualify for Medicaid and affected by this rule. ED’s proposed regulatory change would help schools and districts pay for IDEA Part B required services by eliminating unnecessary challenges associated with accessing public benefits or insurance, like Medicaid. “…The proposed changes announced today do not alter any of the critical parental consent provisions required by IDEA nor do they impact the parental consent obligations under the Family Educational Records and Privacy Act (FERPA),” according to the press release. “Additionally, the proposed rule does not alter the requirement that IEP services must be delivered at no cost to the child’s family, the requirement that IEP services cannot diminish other Medicaid-reimbursable services, nor Medicaid’s position as payor of first resort for IEP and Individualized Family Service Plan services.” ED stated the regulatory change “would help cut unnecessary red tape that schools and districts face in billing Medicaid and meet their obligations to ensure students with disabilities receive a free, appropriate public education in accordance with their IEP.” Comments must be received on or before Aug. 1, 2023. The notice on the Federal Register<https://www.federalregister.gov/documents/2023/05/18/2023-10542/assistance-to-states-for-the-education-of-children-with-disabilities> provides additional information about the proposed rule and how to submit comments.