2015 New Hampshire Revised Statutes
Title XV - EDUCATION
Chapter 186-C - SPECIAL EDUCATION
Section 186-C:29 - Medicaid-Funded Services.

    186-C:29 Medicaid-Funded Services. –
    I. Medicaid-funded services that are provided as part of a child's individualized education program (IEP) shall be provided for the sole purpose of enabling the child to benefit from special education or to receive a free and appropriate public education. If a child receives Medicaid-funded services as part of the child's special education program and also receives the same or similar medical services outside of his or her special education program, the services that are provided outside of the child's special education program shall not be considered to be duplicative provided such services are medically necessary and not inconsistent with federal Medicaid law. Medicaid-funded services that are provided as part of a child's individualized education program shall not be considered to be duplicative services if the child receives the same or similar medical services outside of his or her special education program, provided both services are medically necessary and not inconsistent with federal Medicaid law.
    II. Services are considered to be Medicaid-funded if they are funded in full or in part by Medicaid.
    III. Medicaid providers, managed care providers, or private providers receiving full or partial payment through Medicaid shall not require a parent to provide a copy of a child's individualized education program as a prerequisite to determining if a child is eligible for Medicaid-funded services that are not being provided as part of a child's individualized education program.
    IV. Upon request from the state Medicaid agency or its agent, the local education agency shall provide a list of related services specified in the child's IEP that are eligible for Medicaid reimbursement.

Source. 2014, 211:1, eff. Sept. 9, 2014.