N. B. Court cases are only included as examples. There are many other cases,
some with later dates, that may alter the conclusion that can be reached. We are
not responsible for the inaccuracies that may be included and caution the reader
to verify all information. This presentation is the property of Kinney &
Associates, Inc. and can not be used without permission. For permission email
jkinney@kinneyassoc.com.
| Medicaid History |
Year |
IDEA History |
| Passage of Medicaid
Title XIX of the Soc.
Sec. Act |
1965 |
|
| |
1966 |
|
| Requirement to Provide Children's Health Care
Added to Medicaid Law. EPSDT |
1967 |
|
| |
1968 |
|
| EPSDT" Start July, 1969 |
1969 |
|
| |
1970 |
|
| |
1971 |
|
| First Federal "EPSDT" Regulations Effective.
Issued November, 1971. |
1972 |
|
| |
1973 |
Rehabilitation Act of 1973 - 504 Children. |
| |
1974 |
|
| |
1975 |
The Education For All Handicapped Children
Act of 1975 passed. In 1991 Renamed to The Individuals with Disabilities
Education Act. P.L. 94-142 Requires Related Services,
Prohibits Supplanting, thus Requires Medicaid to Pay. |
|
Department of
Health and Human Services Office of inspector General Created |
1976 |
|
| |
1977 |
|
| Massachusetts uses Medicaid For SEA "Related Services"
in ICF/MR |
1978 |
|
| |
1979 |
Law establishing the United
states Department of Education enacted. Effective May, 1980 |
|
Department of Health
Education and Welfare becomes The Department of Health and Human Services
May 1980 Federal Medicaid issues "EPSDT,
A Guide For Educational Programs" |
1980 |
|
| Region II issues State Operation Letter 91-51
"Medicaid Funding of Services Provided in
Schools". |
1981 |
|
| Pres. Regan adds " Katie Becket" option to
Medicaid. HCFA disallowes MA education claims. |
1982 |
|
| Massachusetts litigates Federal Medicaid over
disallowance of claims for SEA " Related Services" in ICF/MR.
|
1983 |
|
| |
1984 |
|
| 1st District issues ruling in favor of MA -
8/27/1985 |
1985 |
|
| |
1986 |
Congress clarifies Medicaid to pay for
related services P.L. 99-457. |
| |
1987 |
|
|
Supreme Court rule in favor of Massachusetts in use of
Medicaid case. Contains entire history of MA case.
Medicare
Catastrophic Act mandates coverage of IEP SBS |
1988 |
|
|
Congress expands EPSDT Definition to all
coverable services regardless of a state's program limits. |
1989 |
|
| Current SBS programs start in NY and MA
|
1990 |
NY court case - Medicaid must pay before
school. Detsel v. Sullivan States begin replacing State Education aid
with federal Medicaid matching funds. |
| |
1991 |
|
| Federal Medicaid issues regulation stating
Medicaid must cover related services. |
1992 |
|
| |
1993 |
|
| |
1994 |
|
| |
1995 |
|
| |
1996 |
Florida Case
Hunter v. Chiles Medicaid pays before LEA.
Link to NLS, Inc.
list of related cases |
| Wisconsin Law requiring Medicaid to cover
related services Title XXI of the Soc. Sec. Act. created.
HCFA issues
August 1997
Technical Assistance Guide on Medicaid and School Health |
1997 |
Amendment to IDEA clarify Medicaid is
responsible before LEA.. see
KINNEY
Analysis
July , 1997 US DOE letter to Wisconsin
on parental consent and the Medicaid application.
Skubel, et al. v. Thomas,
et al.,
Connecticut Case |
| |
1998 |
|
|
HCFA Moratorium on Bundled Rates, etc. |
1999 |
Final Regs. issued as result of 1997 IDEA. Contain specific
Medicaid and insurance requirementsSee side by side analysis.
Complete regs
|
| GAO Report on
Medicaid in Schools-Improper Payments Demand HCFA
Oversight
GAO Letter Report on Michigan
Contracting |
2000 |
|
| |
2001 |
|
| |
2002 |
|
|
|
2003 |
|
|
Oklahoma DAB Decision |
2004 |
2004 IDEA,
CEO Responsibilities |
| |
2005 |
|
| |
2006 |
August 14 Final Regulations |
| |
2007 |
John Hill letter on Medicaid
Requirements |
| |
2008 |
|
| |
2009 |
|
| |
|
|
| |
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| |
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