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Regulatory Reform Update - OSERS Rescinds 72 Documents for Being Outdated, Unnecessary or Ineffectiv

As part of the Office of Special Education and Rehabilitative Services (OSERS) regulatory reform initiative, the department announced on Friday, October 20, 2017 that OSERS has rescinded 72 guidance documents for being outdated, unnecessary or ineffective. Please read the OSERS announcement <click here> Please read the OSERS chart of rescinded guidance documents <click here> The chart references item number eleven – Final Regulations Related to Parental Consent for the Use of Public Benefits or Insurance – One page summary – and provides the link to this document <click here>. This one page summary clarifies changes to the parental consent requirements specified in regulation 34 CFR 300.154(d) on accessing public benefits or insurance (e.g., Medicaid). The chart cites the reason for rescinding this guidance document as ‘No longer needed. Used when rolling out 2006 Regulations’. It appears, based on this information and the linked document, that the one page guidance document is being rescinded because this guidance was placed in the final regulation allowing schools to obtain a one-time written consent instead of requiring parental consent “each and every time” the school accessed Medicaid, effective March 18, 2013. NAME believes at this time that the 2013 parental consent regulations remain in effect. NAME is closely monitoring the implications of Executive Order 13777 and will issue additional information to our members as we receive it.

This information can also be found on NAME's web page. John Hill, Executive Director National Alliance for Medicaid in Education 317-902-5446

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