The Family Policy Compliance Office is excited to announce the launch  of the new Student Privacy Website! This new website replaces both the Privacy Technical Assistance Center’s and the Family Policy Compliance Office’s sites.  The Student Privacy Website can be found at:  https://studentprivacy.ed.gov. Be sure to update your bookmarks accordingly!

Alan Himsl 9/22/2015

In the state of Washington the Health Care Authority (HCA), the single state Medicaid agency operates two programs under which school districts claim Medicaid funds.  These programs are School Based Health Services (SBHS) and Medicaid Administrative Claiming (MAC). With respect to both SBHS and MAC programs, the Centers for Medicare and Medicaid Services (CMS) requires that school districts, like any other Medicaid provider, must maintain adequate records of their services and furnish them to HCA upon request.  Schools districts sign a Medicaid Core Provider Agreement in order to be able to get Medicaid payment for SBHS, and an interlocal agreement for MAC.  The access to data requirements are incorporated into both of these agreements.  In other words, the schools have a contractual obligation to allow HCA to obtain and review the “supporting invoice documentation” pertaining to claims billed for services provided.  Unless CMS gives explicit and written approval, HCA ca!

nnot simply ignore its obligation to ensure that Medicaid funds that are sent to the schools are spent properly. 

Over the past several years in the state of Washington we have experienced push back from school districts when we have requested access to district records.  The reason given for the denial is that FERPA prohibits the disclosure of the requested data.  We would greatly appreciate U.S. Department of Education guidance on this issue as it would certainly help us in our oversight of the MAC and SBHS programs. As you know, the Medicaid equivalent to FERPA, is HIPAA. Both provide and assure student/patient privacy.