In the 2017 session, the New Hampshire Legislature is considering a bill that would alter existing state statutes that limit Medicaid reimbursement to only services provided to students receiving special education services.

The bill, SB235, proposes to alter language in existing statutes that limits Medicaid reimbursement only for medical services provided to students receiving special education services.  It also directs the Department of Health and Human Services (DHHS) to file a state plan amendment (SPA) with the Centers for Medicare and Medicaid Services (CMS) to receive approval for this change as well as to establish a establish a Medicaid home and community based behavioral health services program for children with severe emotional disturbances whose service needs cannot be met through traditional behavioral health services.

In considering this bill, the New Hampshire legislature is seeking to take advantage of a change in CMS billing guidance published in Dec. 2015.  That change reversed earlier CMS guidance that limited states to seeking Medicaid reimbursement only for services that were not provided to any students free of charge or special education students who received related medical services as part of their individualized education plan (IEP). 

The bill is currently receiving review and hearings in the Health and Human Services committee

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