Youngstown Daily Legal News

Senate committee hears testimony on fix to Medicaid reimbursement for schools

KEITH ARNOLD
Special to the Legal News
Published: December 6, 2016

Last week, lawmakers in the Ohio Senate considered legislation that would conform state law to federal regulations governing public school reimbursements amounting to $72 million for special education services for students in need.

Senate Education Committee members heard testimony relating to House Bill 89, which - according to bill sponsor, Rep. Anthony DeVitis, R-Uniontown - would allow Medicaid to pay partial reimbursement for special education services given to Medicaid eligible students on an Individualized Education Plan, or IEP.

The law covers services such as, physical therapy, occupational therapy and speech therapy ordered, referred or prescribed by a physician, advanced practice nurse or a licensed healing arts therapist, in certain instances.

"Ohio law is currently vague on this point," DeVitis said during recent testimony in support of the measure. "(The bill) will clearly state licensed therapists may refer students for reimbursable school based services within the context of a IEP planning session.

"This is and has been current practice for the last decade. I am asking that we pass HB 89 to remove any ambiguity in Ohio law and remain federally compliant."

HB 89 provides for the Ohio Department of Education to receive at least 2.5 percent of the federal matching funds the state receives for the Medicaid School Program.

It also requires that the state education department jointly prepare with the Ohio Department of Medicaid procedural guidelines for, and other informational materials about, the program that give school providers clear instructions for participation.

The bill also would eliminate a requirement that the service be provided in a school.

"HB 89 helps address an unfunded mandate that requires our schools to provide these health services to our students," DeVitis said upon the bill's passage by the House of Representatives. "Drawing down the maximum federal dollars in the Medicaid in School Programs will help our schools manage that financial burden."

The lawmaker estimated that Ohio schools could recover upwards of $200 million each year - more than double what they currently recover.

Bryan Williams, founder of the Ohio Alliance for Medicaid in Education, was complimentary of HB 89's efforts to make claims more timely and promote program integrity.

"A decade ago Ohio's Medicaid to Schools program was suspended because a number of districts billed for reimbursements they were not entitled to," Williams offered during House hearings. "We must work diligently to ensure this does not happen again.

"OAME strongly supports this state based indemnification because the actions of a single school district should never be allowed to put the program at risk for all other schools."

Williams concluded that the bill's efforts to establish an automated, online billing submission system similar to those already in use in other states will bring efficiency to the process and improved accountability.

HB 89, which experienced broad bipartisan support in the House, was not scheduled for further hearings as of publication.

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