Legal Clips, [August 2007]
In a letter to members of Congress, below, NSBA’s Office of Advocacy has warned that the Centers for Medicare and Medicaid Services (CMS) of the U.S. Department of Health and Human Services may publish a rule in the near future to eliminate reimbursement to school districts under the Medicaid program for transportation and administrative services provided to low-income children with disabilities. The action would reduce by about $3.6 billion over five years the funding for purposes such as outfitting buses with specialized equipment, transporting children to school for their medical appointments, identifying students who need screenings and evaluations, and connecting children and their families with other needed services in their community. Many affected services are mandated by the Individuals with Disabilities Education Act. Background on the repeated attempts to cut this funding and the political, legislative, and legal responses is available starting at the second link below. Additional resources, including an issue brief and past letters to Congress, are collected at the third link. Legislation that would resolve the issue, the Protecting Children’s Health in Schools Act of 2007 (S. 578, H.R. 1017), has been introduced in both houses of Congress but has not moved. The House measure reauthorizing the State Children's Health Insurance Program (SCHIP), H.R. 3162, would block CMS from adopting the rule, but only for one year. The Senate refused to include such a provision in its SCHIP bill, S. 1893.
[NSBA letter to Congress]
[NSBA School Law pages on Medicaid reimbursement]
[NSBA Medicaid resources]