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