1:1 Nursing Services For Students With Special Health Care .

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1:1 Nursing Services for Studentswith Special Health Care NeedsW isconsin D epartmentofP ublic I nstruction

1:1 Nursing Services forStudents withSpecial Health Care NeedsDeveloped byRachel Gallagher, RN, CPNP, NCSNSchool Nursing ConsultantWisconsin Department of Public InstructionTony Evers, PhD, State SuperintendentMadison, Wisconsin

This publication is available from:STUDENT SERVICES/PREVENTION AND WELLNESS TEAMWisconsin Department of Public Instruction125 South Webster StreetMadison, WI Bulletin No. 02044 November 2011 Wisconsin Department of Public InstructionThe Wisconsin Department of Public Instruction does not discriminate on the basis of sex, race,color, religion, creed, age, national origin, ancestry, pregnancy, marital statusor parental status, sexual orientation, or disability.Printed on Recycled Paper

IntroductionDue to advancements in health care, many students are attending school withsignificant and complex health care needs. Frequently, school districts provideintensive nursing care for students with special health care needs. When a schooldistrict determines that the care cannot be met with existing services, the schooldistrict can explore options for additional nursing services.A school district can hire a special needs nurse or contract with a third partyto provide nursing services. In these situations, questions arise regardingaccountability, communication, confidentiality, liability, cost, billing, andattendance at educational meetings. This question and answer document exploresthe nursing care options and provides school districts guidance in working withstudents with special health care needs.1:1 Nursing Services for Students with Special Health Care Needs1

Frequently AskedQuestions1. How does a school district determine the level of nursing careand personnel for students with special health care needs?2. Who is responsible for providing the nursing services atschool?3. What are the differences between special needs and third partynursing care?4. What are the advantages and disadvantages of hiring a specialneeds nurse for the provision of nursing care?5. What are the advantages and disadvantages of nursing carethrough a third party?6. What documentation is recommended to outline the role andresponsibilities of third party nursing services?7. Where in the student’s IEP should the nursing services bedocumented?8. What are the funding mechanisms available to school districtsto recover some costs of providing nursing services in theschool?21:1 Nursing Services for Students with Special Health Care Needs

Answers1. How does a school district determine the level of nursing careand personnel for students with special health care needs?A school nurse is a valuable resource in providing a nursingassessment of students’ health care needs and determining the typeof personnel necessary to provide nursing services. Informationregarding the needs may be gathered from many sources,including: the parents, medical providers, home health careagencies, and nursing services outlined in previous individualeducation programs. Medical providers’ authorization of essentialnursing tasks and medications needed by students during theschool day is critical information in the decision-making process.The decision to delegate the nursing task is based on the nurse’sassessment of the complexity of the nursing task and care,predictability of the health status of the student, and theeducational preparation, demonstrated abilities, and scope ofpractice of school personnel with and without a health care license.Since the decision to delegate a task is the responsibility of thenurse, nursing judgment determines the expertise needed to safelyprovide nursing care. Consultation with the school district’smedical advisor can be beneficial in providing an expert opinion ofneeded nursing services and appropriate personnel to provide thecare.For more information regarding delegation, please see theDepartment of Public Instruction (DPI) question and answerdocument, Delegation, the Nurse Practice Act, and School Nursingin Wisconsin Schools available en the decision has been made that the care can be safelydelegated to school personnel without a health care license, thenurse can provide the necessary training for staff to perform thetasks. In the event that the nursing care cannot be delegated toschool personnel without a health care license, the school nursecan assist the school district in determining the level and extent ofnursing education, training, and experience necessary to performthe health care tasks.2. Who is responsible for providing the nursing services atschool?Through the Individuals with Disabilities Education Act (IDEA),school districts are responsible to provide a free, appropriate publiceducation to all students, including students with special healthcare needs. The school district has the obligation to provide the1:1 Nursing Services for Students with Special Health Care Needs3

nursing care needed for a student to receive a free appropriatepublic education, no matter which service mechanism is used.3. What are the differences between special needs and third partynursing care?Special needs and third party nurses are the two mechanisms forproviding nursing care for an individual student or small group ofstudents with complex health needs in the schools. The specialneeds nurse is hired by the board of education. Third party nursingis provided through a contract with an independent personal care orprivate duty nurse or third party agency, such as a home healthcare agency.4. What are the advantages and disadvantages of hiring a specialneeds nurse for the provision of nursing care?School districts may hire a nurse through the local board ofeducation to provide care for an individual student or small groupof students. The special needs nurse’s job description outlines linesof supervision, nursing, and educational duties, andcommunication responsibilities between the special needs andschool-wide school nurse, school personnel, parents, and medicalprovider. The advantages of using special needs nurses includedirect supervision by school personnel, control of the duties,accountability for nursing care, and flexibility to adjust to changesin care. The disadvantages in utilizing a special needs nurse are theschool district must hire and supervise the nurse and there may belimited availability of nurses to provide backup coverage.Special Needs Nurse Mechanism toProvideResponsibilitiesJob descriptionLiabilitySchool boardStudents ServedFundingHired by school boardIndividual or smallgroupIDEA, SpecialEducation, HighCost CategoricalAid, and MedicaidSchool-BasedServicesThird PartyNurseHired by agencyor familyMOU or contractIndividual oragency coverageIndividualMedicaidSchoolBasedServices5. What are the advantages and disadvantages of nursing carethrough a third party?One advantage to the school district obtaining the nursing servicethrough a third party is that it saves time since the organization or41:1 Nursing Services for Students with Special Health Care Needs

family completes the hiring process of the nurse. A third partyagency can often provide back-up nurses in situations where theregular nurse is unavailable. Often families prefer this modelbecause they have more control over the nurse’s credentials andskills. The nurse may also have an existing relationship with thestudent and family outside of the school day adding to the family’scomfort level with the nursing care. There is continuity of nursingcare between the home and the school. The disadvantages ofcontracted nursing services include: inability to provide care forother students, inability to use special education and categorical aidfor partial funding, the lack of involvement of the nurse in thestudent’s educational needs, and the lack of direct accountability toschool personnel for the nursing care.6. What documentation is recommended to outline the role andresponsibilities of third party nursing services?The responsibilities of the third party nursing services should bedocumented either in a contract or memorandum of understanding.This document should include the following elements: specific nursing services to be provided; contingency for back up of nursing service coverage; nursing liability coverage; nurse’s participation in educational and evaluationmeetings; confidentiality; and communication between nurses, medical provider, schooleducational staff, family, and other community healthproviders.Since both the individualized education program (IEP) andmemorandum of understanding (MOU) are legal documents,attention should be paid to duplication of responsibilities anddiscrepancy in language between documents. School districts areencouraged to utilize their legal services in drafting the MOU orcontract to review contractual and liability issues as well asfulfillment of IEP requirements.7. Where in the student’s IEP should the nursing services bedocumented?The need for nursing services should be documented in the presentlevel of performance and the related service sections of the IEP.The school district may want to add consultative services of theschool nurse in the program modification and support section ofthe individual educational program to address the school nurse’sconsultation with the educational team regarding the impact of thechild’s health on their ability to learn. A third party nursing serviceagent can serve as a participant during an individual educationalprogram evaluation. The IEP should include:1:1 Nursing Services for Students with Special Health Care Needs5

nursing services necessary to benefit from an education;consultation between the nurse, school nurse, and teachers;andthe nurse’s involvement in the student’s educationalprogram.8. What are the funding mechanisms available to school districtsto recover some costs of providing nursing services in theschool?For all the following funding mechanisms to apply, school districtsmust document nursing as a related service in the student’sindividual education program.1. Medicaid School-Based ServicesReimbursement for nursing services delivered at school forMedicaid-eligible students are billed to private insuranceand Medicaid. If the student is preauthorized to receive atleast eight hours of nursing services a day, then the studentmay qualify for Medicaid-covered private duty nursing.The nursing services do not have to be “continuous,” butthe child must have a need for more continuous nursingservices than can be provided on a part-time or intermittentbasis. Authorization for private duty nursing does notpreclude a child from receiving nursing services in school.However, if a child is receiving nursing services from theschool, the certified private duty nursing provider shouldnot bill for services at the same time the child receivesnursing services from the school.Only Medicaid-certified “private duty” nursing servicesproviders (home health agencies and nurses in independentpractice) may bill Medicaid-covered, preauthorized“private duty” nursing services. School districts will haveto check with the private insurance companies for theirrequirements.Private insurance may also cover nursing services. Thequalifications for private insurance coverage varies bypolicy and may not be the same as for Medicaid, i.e., atleast eight hours per day of skilled nursing needed.School districts must determine the nursing needsnecessary for the student to receive a free, appropriatepublic education through the individual education program.The school can bill for these nursing services for aMedicaid-eligible student through Medicaid School-BasedNursing Service. However, the school and third party61:1 Nursing Services for Students with Special Health Care Needs

nursing agent cannot both bill for the same nursing servicesfor the same student during the same school day.Wisconsin Medicaid covers delegated nursing underschool-based services (Wis. Admin. Code sec. DHS,107.36 (1) (e)). If the student requires nursing service, thestudent may access nursing service from unlicensed schoolpersonnel as delegated nursing acts according to Wis.Admin. Code sec. N 6. For example, a school aide couldprovide to the same child Medicaid-covered “attendantcare” services and “nursing services” in addition to aideservices that are not covered under Medicaid. Home healthservices are not a school-based service.2. Special Education Categorical AidSchool districts are eligible to receive special educationcategorical aid for nursing provided by school nurses,including special needs nurses. School districts can claimstate special education categorical aid at a rate of 29percent of a school nurse salary and fringe benefit ascertified costs eligible for reimbursement. School districtsare not allowed to receive special education categorical aidreimbursement for contracted services through third partynursing services. Additional information regarding specialeducation categorical aid is available at:http://dpi.wi.gov/sfs/cataid.html.3. High Cost Special Education AidFor students with complex medical needs, the schooldistrict may be able to seek reimbursement through theDPI’s High Cost Special Education Aid. Eligible costsunder the program include all costs (except secretarial andadministrative) related to educating a student with high costspecial education needs. IDEA flow-through funds,Medicaid, and special education categorical aids arededucted first. Reimbursement is then calculated at 90percent of the amount by which the total cost afterdeductions, to provide special education and relatedservices to an individual child, exceeds 30,000.Information regarding High Cost Special Education Aid isavailable at:http://dpi.wi.gov/sfs/highcost background.html.For additional information, contact Rachel Gallagher, DPI SchoolNurse and Health Service Consultant, atrachel.gallagher@dpi.wi.gov or (608) 266-8857.1:1 Nursing Services for Students with Special Health Care Needs7

color, religion, creed, age, national origin, ancestry, pregnancy, marital status or parental status, sexual orientation, or disability. Printed on Recycled Paper . 1:1 Nursing Services for Students with Special Health Care Needs 1 . attention shoul

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