Joint Association Letter to Secretary Michael O. Leavitt: August 23, 2007
August 23, 2007
The Honorable Michael O. Leavitt
Secretary
U.S. Department of Health and Human Services
200 Independence Avenue S.W.
Washington, DC 20201
Dear Secretary Leavitt:
On behalf of our organizations, which represent the key policy officials and administrators charged with implementing the Individuals with Disabilities Education Act (IDEA), we are writing to express our strong opposition to the proposed rule that the Center for Medicare and Medicaid Services (CMS) is poised to release. The rule would eliminate Medicaid reimbursement for administrative claiming and transportation costs for services provided to students with disabilities under IDEA. We urge you to direct CMS to withhold release of this proposed rule that would be harmful to the most vulnerable of America’s school children – those with disabilities who come from impoverished families.
Our members are extremely concerned that the rule, as drafted, would reduce the availability of, and access to, needed health care for these students.
Federal Medicaid reimbursement for administrative services is critically important for ensuring that schools are able to provide the appropriate outreach activities to link children to medical services, identify those students who may need medical screening and provide referral services in the community. Transportation reimbursement is necessary to accommodate students with special needs by providing for accessible buses to transport children with disabilities to appropriate services and by providing bus aides as needed.
The Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360) allows school districts to receive Medicaid payments for health services delivered to Medicaid-eligible children with disabilities who may need transportation for diagnostic, preventive and rehabilitative services and therapies, as well as the administrative costs of providing school-based services, such as outreach for enrollment purposes, coordination and/or monitoring of medical care. A rule to prohibit schools for claiming these expenses would contradict existing law and seriously impede the ability of states and school districts to provide these services, which are mandated under IDEA.
At a time when the federal government is funding barely 18 percent of the national average per pupil expenditure for each child in special education instead of the 40 percent that Congress promised to pay when IDEA was first enacted, major cutbacks in Medicaid reimbursements will severely restrict the ability of states and local school districts to provide much-needed health care services to disabled children.
Our organizations and members strongly urge you to reconsider implementing this proposed administrative change and to work with states and school districts to ensure that all children receive the health services that they deserve. Without access to appropriate health care, children with disabilities will face even more challenges to making progress consistent with the President’s signature domestic policy, the No Child Left Behind Act.
Thank you for your attention to this important matter. If you have any questions, please feel free to contact any of the individuals listed below from our organizations.
Sincerely,
Bruce Hunter
Associate Executive Director – Public Policy
American Association of School Administrators
Gene Wilhoit
Executive Director
Council of Chief State School Officers
Luann Purcell
Executive Director
Council of Administrators of Special Education
Jeff Simering
Director of Legislative Services
Council of Great City Schools
Brenda Wellborn
Executive Director
National Association of State Boards of Education
Bill East
Executive Director
National Association of State Directors of Special Education
Michael A. Resnick
Associate Executive Director
National School Boards Association
For more information, please contact:
Bruce Hunter, AASA (703) 875-0738; bhunter@aasa.org
Scott Frein, CCSSO (202) 336-7010; scottf@ccsso.org
Luann Purcell, CASE (478) 825-7667; lpurcell@casecec.org
Jeff Simering, CGCS (202) 393-2427; jsimering@cgcs.org
David Griffith, NASBE (703) 684-4000; davidg@nasbe.org
Nancy Reder, NASDSE (703) 519-3800; nancy.reder@nasdse.org
Chrisann Gayl, NSBA (703) 838-6763; cgayl@nsba.org