This text of Iowa § 256B.15 (Reimbursement for special education services) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
systemimmediately. Theareaeducationagencyshallconsultwithandworkjointlywithstate
agenciesandfederalagenciestodetermineproceduresandstandardswhichshallbeinitiated
by all area education agencies to qualify fo
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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
systemimmediately. Theareaeducationagencyshallconsultwithandworkjointlywithstate
agenciesandfederalagenciestodetermineproceduresandstandardswhichshallbeinitiated
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
languagetherapy, andpsychologicalevaluations. Thedepartmentshallalsodeterminewhich
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 Tit. XIX billing is contingent upon
stateplanapproval. Nothingcontainedinthissectionshallbeconstruedtoallownonlicensed
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 health and human
services an amount equal to the nonfederal share of the payments to be received from the
medicalassistanceprogrampursuanttochapter249A. Thenonfederalshareamountshallbe
transferredtothemedicalassistanceaccountpriortoclaimspayment. Thisrequirementdoes
not apply to medical assistance reimbursement for services provided by an area education
agencyunderpartCofthefederalIndividualsWithDisabilitiesEducationAct. Fundsreceived
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.
§256B.15, SPECIAL EDUCATION 10
9. The department of education and the department of health and human services shall
adopt rules to implement this section.
10. The department of health and human services shall offer assistance to the area
education agencies in the identification of children eligible for reimbursement for services
under this section.