460 IAC 20-11-1 Payor of last resort; interim payments; nonreduction of benefits

Sec. 1. (a) Except for interim payments described in subsection (b), funds provided by the United States Department of Education for early intervention services through Part C of the Act may not be used to satisfy a financial commitment for services that would otherwise have been paid for from another public or private source but for the provision of Part C funds by the United States Department of Education. Therefore, funds provided through state and federal Part C may be used only for early intervention services that an eligible child needs but is not currently entitled to receive under any other federal, state, local, or private source. (b) In accordance with 34 CFR 303.527(b), if necessary to prevent a delay in the timely provision of services to an eligible child or the child's family, Part C funds may be used to pay a service provider, pending reimbursement from the agency or entity that has ultimate responsibility for the payment. Payment under this subsection may be made for the following: (1) Required and individualized early intervention services. (2) Eligible health services, as described in 34 CFR 303.13. (3) Other functions and services authorized by Part C of the Act and 34 CFR 303. (c) Nothing in this article may be construed to permit the state to reduce medical or other assistance available or to alter eligibility under Title V of the Social Security Act (relating to maternal and child health), Title XIX of the Social Security Act (relating to Medicaid for children eligible for early intervention services through Part C of the Act), or any medical program administered by the Secretary of the United States Department of Defense within the state.