When funding for special education services is limited, public school districts may be attracted by the possibility that either children's private health insurance or medicaid could be used to subsidize their special education services. Although school districts' attempts to use third-party sources to fund public school special education services have been generally unsuccessful, time-consuming, and costly, the history of such failures has mainly been published in legal documents that have been relatively inaccessible to educators. An explanation of the reasons for such failures is provided.
Get full access to this article
View all access options for this article.
References
1.
Allstate Insurance v. Bethlehem Area School District, 678 F. Supp. 1132 (E.D. Pa. 1987).
2.
Board of Education of Three Villages Central School District, EHLR 502:141 (N.Y. SEA 1980).
3.
Central States Health & Life Company of Omaha v. South Dakota State Board of Education and Aberdeen School District, Civ. No. 88--3031 (U.S. District Court, Cen. Div. S.D., 1990).
4.
Chester County Intermediate Unit v. Blue Shield, 896 F.2d 808 (3d Cir. 1990).
5.
Code of Federal Regulations, Title 34, $$300.301 (1990).
6.
Craig, S. E. (1990 August 8). Letter to J. W. Hedrick of the Florida Department of Health and Rehabilitative Services. (Available from U.S. Department of Education, 400 Maryland Ave., SW, Washington, DC 20202)
7.
Detsel v. Sullivan, 895 F.2d 58 (2d Cir. 1990).
8.
Federal Register. Title 45 $$ 86390 (Dec. 30, 1980).
9.
Fox, H. B., & Wicks, L. N. (1990). The role of Medicaid and EPSDT in financing early intervention and preschool special education services. Washington, DC: Fox Health Policy Consultants, Inc.
10.
Gehman v. Prudential Insurance v. Pennsylvania 702 F. Supp. 1192 (E.D. Pa. 1989).
11.
Illinois State Board of Education. (1990, April 19). Letter to Joy Rogers. (Available from Department of Special Education, Illinois State Board of Education, 100 North First Street, Springfield, IL 62777)
12.
Jenkins v. Florida, 931 F.2d 1469 (11th Cir. 1991).
13.
Kreb, R. A. (1991). Third party payment for funding special education and related services. Horsham, PA: LRP Publishing.
14.
Link, V. (1989). New $$ for special education: Medicaid and third party reimbursement. Alexandria, VA: CRR Publishing.
15.
Matter of Guardianship Estate of Zarse 529 N.E. 2d 50 (Ill. App. 4 Dist. 1988).
16.
P.L. 94--142, Education for All Handicapped Children Act of 1975, 20 U.S.C. $$ 1400 et seq. (1975).
17.
Roelofs, M. (1988). Guidelines for state education agencies to access state mental funding resources. Harvey, IL: HRS Management.
18.
Rogers, J.J. (1993). Third party billing for special education: Panacea or mirage?Cambridge, MA: Brookline Books.
19.
Ross, J. W. (1980). Third party payments for related services: Policy issues and implications for handicapped students. Reston, VA: Council for Exceptional Children. (ERIC Document Reproduction Service No. ED 191 196, EC 124 557)
20.
Seals v. Loftis, 614 F.Supp. 302 (D.C. Tenn. 1985).
21.
Shook v. Gaston County Intermediate District, 882 F.2d 119 (4th Cir. 1989).
22.
Simon, 17 Educ. Handicapped L. Rep. (LRP) 225 (OSERS, 1991).
23.
Smith, P. M. (1989, June 19). Letter to Thomas Harmon. (Available from U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202)
24.
TAMES, 16 Educ. Handicapped L. Rep. (LRP) 963 (OCR, 1990).
25.
Weber, M. C. (1991). The legal and policy implications of third party reimbursement for early childhood services. Journal of Early Intervention, 15, 298–303.
26.
Will, M. (1989, March 13). Letter to Senator Tom Harkin. (Available from U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202)
27.
Zirkel, P. A. (1990, February 23). Private insurance and special education. 16 Educ. Handicapped L. Rep. (LRP) Supplement 259, XIV-98--XIV-104.