Page:United States Statutes at Large Volume 118.djvu/2787

 118 STAT. 2757 PUBLIC LAW 108–446—DEC. 3, 2004 services currently being provided or, if applying for initial services, shall receive the services not in dispute. ‘‘SEC. 640. PAYOR OF LAST RESORT. ‘‘(a) NONSUBSTITUTION.—Funds provided under section 643 may not be used to satisfy a financial commitment for services that would have been paid for from another public or private source, including any medical program administered by the Secretary of Defense, but for the enactment of this part, except that whenever considered necessary to prevent a delay in the receipt of appropriate early intervention services by an infant, toddler, or family in a timely fashion, funds provided under section 643 may be used to pay the provider of services pending reimbursement from the agency that has ultimate responsibility for the payment. ‘‘(b) OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES.— ‘‘(1) ESTABLISHING FINANCIAL RESPONSIBILITY FOR SERV ICES.— ‘‘(A) IN GENERAL.—The Chief Executive Officer of a State or designee of the officer shall ensure that an inter agency agreement or other mechanism for interagency coordination is in effect between each public agency and the designated lead agency, in order to ensure— ‘‘(i) the provision of, and financial responsibility for, services provided under this part; and ‘‘(ii) such services are consistent with the require ments of section 635 and the State’s application pursu ant to section 637, including the provision of such services during the pendency of any such dispute. ‘‘(B) CONSISTENCY BETWEEN AGREEMENTS OR MECHA NISMS UNDER PART B.—The Chief Executive Officer of a State or designee of the officer shall ensure that the terms and conditions of such agreement or mechanism are con sistent with the terms and conditions of the State’s agree ment or mechanism under section 612(a)(12), where appro priate. ‘‘(2) REIMBURSEMENT FOR SERVICES BY PUBLIC AGENCY.— ‘‘(A) IN GENERAL.—If a public agency other than an educational agency fails to provide or pay for the services pursuant to an agreement required under paragraph (1), the local educational agency or State agency (as determined by the Chief Executive Officer or designee) shall provide or pay for the provision of such services to the child. ‘‘(B) REIMBURSEMENT.—Such local educational agency or State agency is authorized to claim reimbursement for the services from the public agency that failed to provide or pay for such services and such public agency shall reimburse the local educational agency or State agency pursuant to the terms of the interagency agreement or other mechanism required under paragraph (1). ‘‘(3) SPECIAL RULE.—The requirements of paragraph (1) may be met through— ‘‘(A) State statute or regulation; ‘‘(B) signed agreements between respective agency offi cials that clearly identify the responsibilities of each agency relating to the provision of services; or 20 USC 1440.

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