With the passage of the Individuals with Disabilities Improvement Act in 2004 (IDEA), local school districts are required to seek reimbursement for eligible services from public agencies such as Medicaid. Specifically, Section 300.154 states that “Disbursements under this part (special education funds) must not be used to pay for costs that otherwise would be reimbursed as medical assistance (health or behavior) for a child with a disability under the State Medicaid program.” The law also states that the assistance available (medical or otherwise) to students through Medicaid cannot be reduced or altered as the result of the reimbursement to local school districts.
For services to be eligible for such reimbursement, they must be documented in the student’s IEP and related to a health plan or behavior plan. Examples of services include, but are not limited to seizure monitoring, medication administration, behavior monitoring assistance with mobility, and tracheotomy care. Service providers must then document daily as these services occur.
The documentation of Medicaid eligible services is protected under the Family Educational Rights and Privacy Act. As such, Colfax-Mingo Community Schools cannot share the information necessary to receive reimbursement for services provided unless consent is provided.