2025 Delaware Code
Title 31 - Welfare
Chapter 5. STATE PUBLIC ASSISTANCE CODE
§ 533. Medicaid reimbursement for school-based services.
(a) By January 1, 2025, the Department of Health and Social Services shall apply to the Centers for Medicare and Medicaid Services for a state plan amendment that authorizes the State to provide for reimbursement for all medically-necessary behavioral health services provided in a school setting to all individuals enrolled in the program or the Delaware Children's Health Insurance Program, regardless of whether the services are provided under an Individualized Educational Program or Individualized Family Service Plan.
(b) After the state plan amendment is approved, eligible services provided in a school setting by any school Medicaid allowable licensed or credentialed mental health provider shall be reimbursable.
(c) Local education agencies must use the funds reimbursed for school-based behavioral health services to support school-based behavioral health programs and services.
(d) Local education agencies must reinvest the funds reimbursed to support school-based behavioral health programs and services.
(e) Upon obtaining federal approval, the Department of Health and Social Services shall update its regulations and provider manuals to reflect the changes to the program and provide comprehensive and advanced training to local education agencies.
(f) The Department of Health and Social Services shall notify the Chief Clerk of the House and the Secretary of the Senate of the occurrence of the following:
(1) The submission of the state plan amendment to the Centers for Medicare and Medicaid Services.
(2) Receipt of approval for the state plan amendment.
(3) The submission of a cost allocation plan amendment following the approval of the state plan amendment.
(4) Receipt of approval of the cost allocation plan amendment.
