new regulations: parental consent and written notice

New Regulations: Parental Consent and Written Notice Presented by the Presented by the MSBA Medicaid MSBA Medicaid ConsortiumConsortium

MSBA Medicaid Consortium Contact and Website InformationKim Ratcliffe- (800) 221-MSBA (6722) Ext. 362 (Executive)Colleen Mahon- (800) 221-6722 Ext. 340 (Business)Collin Swearingen- (573) 673-2013 (SDAC, Direct Services)Lisa Helm- (573) 795-0510 (Direct Services)Ashley Branstetter- (800) 221-6722 (Direct Services)

E-mail addresses for the above: E-mail addresses for the above: lastname@msbanet.orghttp://www.msbanet.org/programs_services/medicaid/sdac

AGENDA Review of Missouri and MSBA Model

Forms OSEP Guidance: Q and A Timelines for New Regulations District Obligations What If’s Procedural Issues and Strategies Questions and Answers

Resource Links Non-regulatory Guidance on the IDEA

Part B Regulations Regarding Parental Consent for the Use of Public Benefits or Insurance to Pay for Services under the IDEA

MSBA model forms DESE model forms

Timelines Related to New Regulations February 14, 2013, official publication

in the Federal Register March 18, 2013, effective date .

District Obligations under New Regulations Before parental consent is obtained,

written notifications must be given related to parental consent to release information and to access public insurance.

Provide written notice annually, thereafter.

Obtain written consent one-time.

What if… You have consent for this year? Then

you must provide written notification prior to filing claims after March 18.

NOTE: Inform MSBA to release billing when the written notifications have been given.

What if… You need to get consent now for the

entire year? Add bullet to consent form “My consent

authorizes the school district to access my MO HealthNet benefits beginning August 1, 2012.”

Give parents written notice and Obtain a signed and dated consent form.

What if… A parent has refused consent or revoked

consent in the past? Provide written notice and make reasonable requests to provide consent.

A child moves? Consent responsibilities rest with the district responsible for providing FAPE. Consent is non-transferrable to a different school district.

Additional Questions Best time to get consent? It depends.

Additional Questions Best time to get consent? It depends. How should district provide notice?

Email (if it is a standard means of communicating with parents)

mail, or personal contact.

Additional Questions Best time to get consent? It depends. How should district provide notice?

Email (if it is a standard means of communicating with parents)

mail, or personal contact.

Can written notice and consent form be provided simultaneously? Yes.

Additional Questions Best time to get consent? It depends. How should district provide notice?

Email (if it is a standard means of communicating with parents)

mail, or personal contact.

Can written notice and consent form be provided simultaneously? Yes.

If services change must a new consent be obtained? It depends on whether you have the old or new consent form on file.

Additional Questions May a school district accept digital or

electronic signatures when obtaining consent under the new regulations?

Yes. Must include a record and signature that: Identifies and authenticates a particular

person as the source of consent; Indicates the person’s approval; Includes a statement that the parent

understands and agrees…(same as on consent)

Additional Questions How will districts document the new

one- time consent in Therapylog? We will show you how with a quick demo in therapylog.com

Participants’ Questions

Thank you for joining us !

Need further assistance? Call MSBA today.