2006 Code of Virginia § 22.1-274.02 - Certain memorandum of agreement required

22.1-274.02. Certain memorandum of agreement required.

A. The Superintendent of Public Instruction or his designee and the Directorof the Department of Medical Assistance Services or his designee shalldevelop and execute a memorandum of agreement relating to special educationhealth services. This memorandum of agreement shall be revised on a periodicbasis; however, the agreement shall, at a minimum, be revised and executedwithin six months of the inauguration of a new governor in order to maintainpolicy integrity.

B. The agreement shall include, but need not be limited to, (i) requirementsfor regular and consistent communications and consultations between the twodepartments and with school division personnel and officials and school boardrepresentatives; (ii) a specific and concise description and history of thefederal Individuals with Disabilities Education Act (IDEA), a summary ofschool division responsibilities pursuant to the Individuals withDisabilities Education Act, and a summary of any corresponding state lawwhich influences the scope of these responsibilities; (iii) a specific andconcise summary of the then-current Department of Medical Assistance Servicesregulations regarding the special education health services; (iv) assignmentof the specific responsibilities of the two state departments for theoperation of special education health services; (v) a schedule of issues tobe resolved through the regular and consistent communications process,including, but not limited to, ways to integrate and coordinate care betweenthe Department of Medical Assistance Services' managed care providers andspecial education health services providers; (vi) a process for theevaluation of the services which may be delivered by school divisionsparticipating as special education health services providers pursuant toMedicaid; (vii) a plan and schedule to reduce the administrative andpaperwork burden of Medicaid participation on school divisions in Virginia;and (viii) a mechanism for informing primary care providers and other casemanagement providers of those school divisions that are participating asMedicaid providers and for identifying such school divisions as Medicaidproviders that are available to receive referrals to provide specialeducation health services.

C. The Board of Education shall cooperate with the Board of MedicalAssistance Services in developing a form to be included with theIndividualized Education Plan (IEP) that shall be accepted by the Departmentof Medical Assistance Services as the plan of care (POC) and in collectingthe data necessary to establish separate and specific Medicaid rates for theIEP meetings and other services delivered by school divisions to students.

The POC form shall (i) be consistent with the plan of care required by theDepartment of Medical Assistance Services of other Medicaid providers, (ii)allow for written updates, (iii) be used by all school divisionsparticipating as Medicaid providers of special education health services,(iv) document the student's progress, and (v) be integrated and coordinatedwith the Department of Medical Assistance Services' managed care providers.

D. The Department of Education shall prepare, upon consultation with theDepartment of Medical Assistance Services, a consent form which (i) isseparate from the IEP, (ii) includes a statement noting that such form is notpart of the student's IEP, (iii) includes a release to authorize billing ofschool-based health services delivered to the relevant student by the schooldivision, and (iv) shall be used by all school divisions participating inMedicaid reimbursement. This consent form shall be made available to theparents upon conclusion of the IEP meeting. The release shall allow forbilling of school-based health services by Virginia school divisions to theVirginia Medicaid program and other programs operated by the Department ofMedical Assistance Services.

E. The Department of Education and the Department of Medical AssistanceServices shall also develop a cost-effective, efficient, and appropriateprocess to allow school divisions access to eligibility data for students forwhom consent has been obtained.

(1999, cc. 967, 1005.)