La. Admin. Code tit. 28 § XLIII-822
Current through Register Vol. 50, No. 11, November 20, 2024
Section XLIII-822 - Obligations of DHHA. If DHH is otherwise obligated under federal or state law, or assigned responsibility under state policy or pursuant to §819 through 823, to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services described in §905 relating to assistive technology devices, assistive technology services, related services, supplementary aids and services, and transition services) that are necessary for ensuring FAPE to students with disabilities within the state, DHH shall fulfill that obligation or responsibility, either directly or through contract or other arrangement.B. DHH may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.C. If DHH fails to provide or pay for the special education and related services described in paragraph A of this section, the LEA (or state agency responsible for developing the student's IEP) shall provide or pay for these services to the student in a timely manner. The LEA or State agency may then claim reimbursement for the services from DHH, having failed to provide or pay for these services, and DHH shall reimburse the LEA or State agency in accordance with these regulations.La. Admin. Code tit. 28, § XLIII-822
Promulgated by the Board of Elementary and Secondary Education, LR 34:2087 (October 2008).AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.