ESP - Educational Services & Products LLC
info@espllc.com
Phone: (518) 445-3840

Footnotes:

  1. Throughout this Website, the term "Medicaid" is used to refer to both the Title XIX/Medicaid program – and the Title XXI/State Children’s Health Insurance Program (SCHIP). In this regard, SCHIP claims are generally processed – and paid – in the same manner as Medicaid claims.
  2. The term "Special Education student" is used herein in a generic sense. Other terms that are used to describe the same students include, but are not necessarily limited to, the following: "Gifted"; "Exceptional"; "Special Populations"; Etc.
  3. The term "School Districts" is used herein in a generic sense. Other terms that are used in various State include, but are not necessarily limited to, the following: Education Service Centers; Education Service Units; Local Education Agencies; Local School Districts; Unified School Districts; Etc.
  4. Those thirteen disabilities are as follows: Autism; Deaf/Blindness; Deafness; Emotional Disturbance; Hearing Impairment; Mental Retardation; Multiple Disabilities; Orthopedic Impairment; Other Health Impairment; Specific Learning Disability; Speech/Language Impairment; Traumatic Brain Injury; and Visual Impairment/Blindness.
  5. Students who do not have any of the thirteen specified disabilities are classified as "Section 504" students or as "General Population" students. In this regard, "Section 504" students usually have some type of long-term, health-related problems that do not interfere with their ability to learn but that may also require their School Districts to provide some type of health-related services (e.g., AIDS, Asthma, Etc.).
  6. At the time that it passed the Individuals With Disabilities Education Act, Congress indicated that it intended to have the Federal government pay for forty percent (40%) of the costs that School Districts incur in providing assistance, equipment and services to Special Education students. In reality, however, the Federal government’s contribution has never reached that level – and, according to the National Alliance for Medicaid in Education, Inc. (NAME), the Federal government is currently paying for only approximately 18% of those costs.
  7. School Districts generally receive only the Federal portion of the approved reimbursement rate for the assistance, equipment and services that they provide to Special Education students who are eligible to receive Title XIX/Medicaid benefits or Title XXI/SCHIP benefits (Note: That reimbursement rate varies State-by-State – and it currently ranges from 50% to 75.89%). As a result, there are generally no State funds involved in this reimbursement process (Note: Several States actually retain a portion of the Federal reimbursement funds to cover the administrative costs they incur in processing their School Districts’ claims).
  8. The reimbursement percentage for these "Administrative Costs" is fixed at 50% for all States. Once again, however, there are no State funds involved in these reimbursements.
  9. The Individuals With Disabilities Act (IDEA) is codified at 20 U.S.C. Section 1400. In this regard, the original version of this statute (i.e., The Education for All Handicapped Children Act) – was enacted in 1975 – and the statute was recodified in 1991, 1997 and 2004 via Pub. L. No. 102-119, 105 Stat 587, Pub. L No. 105-17, 111 Stat. 37, and Pub. L. No. 108-446, 118 Stat. 2647.
  10. The Family Educational Rights & Privacy Act is codified at 20 U.S. C. Section 1232g; 34 CFR Part 99. In this regard, this statute became effective as of November 19, 1974.
  11. The Health Insurance Portability & Accountability Act is codified at Pub. L. 104-191. In this regard, this statute became effective as of October 1, 2003 for electronic transfers and as of April 21, 2005 for security.
  12. The Deficit Reduction Act of 2005 is codified at S. 1932. In this regard, this statute – which is commonly referred to as "DEFRA 2005" – became effective as of February 8, 2006.