The Individuals with Disabilities Education Act (IDEA), mandates that children with disabilities—special education students—receive a free, appropriate, public education in the least restrictive environment. 20 U.S.C. §1401(3). In addition, where the children receive therapies, known as Related Services, from their schools for treatment of their disabilities—physical therapy, occupational therapy, counseling, speech therapy, etc.—the Related Services bills must be paid by the schools. 20 U.S.C §1400(d)(1)(A), §1401(8)(16), §1414(d) and New York State Education Law §4401(2)(k).1
Medicaid, a jointly funded federal and state medical assistance program, pays claims of health care providers as well as claims submitted for services offered through schools to child Medicaid recipients. At the same time, Medicaid is entitled to assert liens and be reimbursed from any money recovered in any negligence case for medical bills paid by Medicaid for treatment of the negligently caused injuries. 42 U.S.C §1396a (a)(25) and New York State Social Services Law §104-b (1)(2)(3).
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