256B.15 - REIMBURSEMENT FOR SPECIAL EDUCATION SERVICES.

        256B.15  REIMBURSEMENT FOR SPECIAL EDUCATION
      SERVICES.
         1.  The state board of education in conjunction with the
      department of education shall develop a program to utilize federally
      funded health care programs, except the federal medically needy
      program for individuals who have a spend-down, to share in the costs
      of services which are provided to children requiring special
      education.
         2.  The department of education shall designate an area education
      agency to develop a system for collecting the information necessary
      to implement procedures for billing and collecting the costs of the
      services.  The area education agency shall begin to develop the
      system immediately.  The area education agency shall consult with and
      work jointly with state agencies and federal agencies to determine
      procedures and standards which shall be initiated by all area
      education agencies to qualify for receipt of benefits under federal
      programs.
         3.  The department of education, in conjunction with the area
      education agency, shall determine those specific services which are
      covered by federally funded health care programs, which shall
      include, but not be limited to, physical therapy, audiology, speech
      language therapy, and psychological evaluations.  The department
      shall also determine which other special services may be subject to
      reimbursement and the qualifications necessary for personnel
      providing those services.  If it is determined that services are
      required from other service providers, these providers shall be
      reimbursed for those services.
         4.  All services referred to in subsection 1 shall be initially
      funded by the area education agency and shall be provided regardless
      of subsequent subrogation collections.  The area education agency
      shall make a claim for reimbursement to federally funded health care
      programs.
         5.  Not later than July 1, 1988, the area education agency
      designated by the department of education shall have developed the
      program for collecting for the services provided.  The program shall
      be distributed to all of the area education agencies in the state.
      All area education agencies shall begin collecting the information on
      July 1, 1988.
         6.  Effective November 1, 1988, all area education agencies in the
      state shall participate in the program and begin billing for and
      collecting for the covered services and shall bill for services
      provided retroactive to July 1, 1988.  Retroactive Title XIX billing
      is contingent upon state plan approval.  Nothing contained in this
      section shall be construed to allow nonlicensed individuals to
      perform services which otherwise require licenses under the laws of
      this state or to allow licensed providers to perform services outside
      their scope of practice.
         7.  The area education agencies shall transfer to the department
      of education an amount equal to eighty-four percent of the payments
      received from the medical assistance program provided pursuant to
      chapter 249A.  This requirement does not apply to medical assistance
      reimbursement for services provided by an area education agency under
      part C of the federal Individuals With Disabilities Education Act.
      Funds received under this section shall not be considered or included
      as part of the area education agencies' budgets when calculating
      funds that are to be received by area education agencies during a
      fiscal year.
         8.  Students or their parents or guardians covered by a federal
      health care program shall provide health care information to an area
      education agency or local school district.
         9.  The department of education and the department of human
      services shall adopt rules to implement this section.
         10.  The department of human services shall offer assistance to
      the area education agencies in the identification of children
      eligible for reimbursement for services under this section.  
         Section History: Recent Form
         88 Acts, ch 1155, §1
         C89, § 281.15
         89 Acts, ch 296, § 25; 91 Acts, ch 125, §1, 2; 92 Acts, ch 1021,
      §1
         C93, § 256B.15
         94 Acts, ch 1120, §12; 2000 Acts, ch 1223, §24; 2001 Acts, ch 41,
      §1, 2; 2006 Acts, ch 1030, §32; 2008 Acts, ch 1181, §23