top of page
Search

Medical vs. Educational Standard of Care

  • Writer: Cyndi
    Cyndi
  • Jan 24, 2020
  • 1 min read

Updated: Feb 12, 2020

One statement that is often made by district's is that they don't provide a medical standard of intervention but rather an "educational standard". Yet, the same school collects consent forms from parents seeking to obtain reimbursement for covered services from Medicaid. Here's what you need to know:


District's who so solicit for Medicaid reimbursement are holding themselves out as Medicaid providers. They, like any hospital or clinic or practice which accepts Medicaid, are held to the same standard:


"The medically necessary services must be of a quality that meets professionally recognized standards of health care, and must be substantiated by records including evidence of such medical necessity and quality” (130 CMR 450.204(1)(B)).


Thus, even if the district wanted to leverage IDEA's perhaps lower standard of "progress commensurate with individual potential" as a Medicaid provider, the district is still required to provide a medical standard of care. To do any less would open them to a potential claim of Medicaid fraud.


Remember, gaslighting only works when you don't know your rights. Here's reference material to help you learn about how this process works including examples of services typically seen in an IEP:


And, if you want to see a sample of activities that get billed back check out this link. You may find that things you've been told couldn't be provided by a district via an IEP (e.g. SLP services for auditory processing disorder) are indeed being billed back to the state in some instances.

 
 
 

Recent Posts

See All
When must an IEP team meet?

In MA, all IEPs for students age 14 and older are required to include transition goals and objectives. These are worked on as a...

 
 
 
On Demand COPAA Webinars

Join COPAA to view webinars topics include: Special Education Advocacy, Assessments, Case Reviews, Civil Rights. Live and Recorded Sessions

 
 

Comments


Commenting on this post isn't available anymore. Contact the site owner for more info.

Advocate Tip of the Day℠, ATOTD℠,, The IEP Clinic℠, Advocate-AI © 2008 -2024 Cynthia Moore is not a lawyer, does not give legal advice, and does not practice law. Information contained on this site, in all social media posts, and other forms of communication including, but not limited to Advocate-AI, is not, nor is it intended to be, legal advice. Individuals seeking legal advice should consult with an attorney.  Advocate-AI℠ uses artificial intelligence technologies trained on large data sets that enables it to handle complex user interactions in an interactive conversational experience. Like humans, Advocate-AI, makes mistakes and learns from them.

 

    bottom of page