Monday, February 15, 2010

State legislation - West Virginia autism insurance bills; one with specified certification requirement

**Followup 3/27/10- The West Virginia legislature shows that none of the bills in this post have advanced beyond the status noted on February 15, 2010**

The West Virginia legislature is currently entertaining four bills related to the practice and reimbursement of behavior analytic services by health insurance. One [HB 2858] references "behavioral therapy", and one [HB 4410] explicitly refers to applied behavior analysis and would create a state definition of a "Certified Behavior Analyst".
SB 145
Introduced 1/13/2010
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to requiring health insurers to provide full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder.
The next bill makes reference to "behavioral therapy", but no definition of applied behavior analysis, and no specific reference to provider or competencies.
HB 2858
Introduced January 13, 2010; referred to the Committee on Banking and Insurance then Finance.
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; that said code be amended by adding thereto a new section, designated  §5-16B-6e; that said code be amended by adding thereto a new section, designated §33-15-22; that said code be amended by adding thereto a new section, designated §33 -16-18; and that said code be amended by adding thereto a new section, designated §33 -16D-17 , all  relating to autism spectrum disorder; requiring coverage for early detection, diagnosis and treatment of autism spectrum disorder by all insurance policies and insurance plans provided by the West Virginia Public Employees Insurance Act, all accident and sickness policies, all group accident and sickness policies, all small employer accident and sickness policies and all plans for health services or accident or sickness insurance provided by the West Virginia Children's Health Insurance Program which provides coverage for hospital, surgical or medical care coverage in the state ; providing requirements and limitations on required coverage; exceptions; and providing that the provisions of this bill be known and cited collectively as the 'Cameron and Dominic Law'.
The bill which explicitly references applied behavior analysis, the competencies and qualifications of the stated service providers, and qualifications of "Certified Behavior Analyst"s is
HB 4410
Introduced February 9, 2010 ; referred to the Committee on Banking and Insurance.
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §9-5-21; and to amend said code by adding thereto a new section, designated §33-16-3v, all relating to requiring health insurance coverage for autism spectrum disorders; setting forth the types of coverage required; requiring medical services to be provided on a nondiscriminatory basis; and defining terms.
Some definitions from HB 4410 that may be of interest to practicing behavior analysts,
  • "Autism services provider" means any person, entity or group that provides treatment of autism spectrum disorders.
  • "Certified behavior analyst" means a West Virginia licensed psychiatrist or psychologist who is also board certified as a behavior analyst by the Behavior Analyst Certification Board.
  • "Habilitative or rehabilitative care" means professional, counseling and guidance services and treatment programs, including applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of an individual.
  • "Therapeutic care" means services provided by licensed or certified speech therapists, occupational therapists or physical therapists under the direction of a certified behavioral analyst.
HB 4410 would apply to West Virginia Public Employees Insurance, Medicaid, Group Accident and Sickness Insurance,

Another bill is primarily related to prohibiting gender discrimination.
HB. 4215,
Introduced January 28, 2010; referred to the Committee on Banking and Insurance then the Judiciary.
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; that said code be amended by adding thereto a new section, designated §33-15-22; that said code be amended by adding thereto a new section, designated §33-16-18; and that said code be amended by adding thereto a new section, designated §33-16D-17, all relating to prohibiting gender discrimination in health care insurance plans.
FOR MORE INFORMATION

West Virginia Legislature Bill Status Search page

West Virginia Legislature

Autism Votes - West Virginia
(No content related to the bills as of 2/15/10)

© 2010 Regina G. Claypool-Frey
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