A Federal District court in Virginia ruled in United States of America ex rel. Donohue v. Carranza that a school district did not violate the False Claims Act when it applied for Medicaid reimbursement for special education services delivered remotely. While a civil rights attorney made an argument claiming that the services should have been performed in person, instead of remotely, the Federal judge noted that if a student’s IEP delineates instruction could be provided either in person, “or remote location,” then it is up to the District as to discretion of implementation and reimbursement follows accordingly.
September 2022
