Thursday, March 11, 2010

State news: Wisconsin - Office of the Commissioner of Insurance Autism Treatment Working Group hammers out details of insurance implementation

On February 16, 2010, the Wisconsin Office of the Commissioner of Insurance Autism Treatment Working Group, the group charged with developing regulations from the statute, Section 632.895 (12m), Wis. Stat., held a meeting to discuss agenda items including,
  • Review of Comments received at December 2nd (2009) hearing.
  • Coverage amount required by insurers when a previous insurer has already provided autism treatment services as required under the mandate.
  • Discussion on training/supervisory requirements the rule places on Speech Language Pathologists and Occupational Therapists.
  • Legislation to include coverage for services provided by Board Certified Behavioral Analysts (BCBAs).
Currently the regulations are of an emergency and interim basis. It was noted on the audio minutes of the meeting that one more extension is allowed by law before working rules are required to be completed.

The audio minutes of the meeting stated that the December (2009) public comment to rulemaking period resulted in many responses requesting that BCBAs to be approved as providers, and questions about the interaction of the insurance mandate with the existing Children's Long-Term Support Home and Community-Based Medicaid Waivers (CLTS Waivers).

A large portion of the meeting centered around the relationship of intensive vs. nonintensive service, behavioral vs. nonbehavioral services, and the requirements of providers identified in the bill to provide intensive services at the competencies specified in the statute. It was noted that there may be an insufficiency of providers with training to provide intensive behavioral therapy within the scope of practice of current license, and that some licensed providers had reservations about being supervised by other licensed providers from outside of their professional area. Some discussion ensued on the complementary relationship of behavioral therapists, SLPs and OTs in a therapeutic team.

The audio transcript is informative and educational the process and deliberation brought to bear in the development of regulation resulting from passage of statute, the balancing act of meeting conditions of law as well as the needs of the client and professional constituencies and, in this situation, the input resulting from the public hearing of the interim regulations.

Unfortunately the transcript suspended at the point where there was to be a discussion of regarding the introduction of  legislation to amend the statute to include Board Certified Behavior Analysts as authorized providers, but the inclusion of this as an agenda item, as well as the comments about the public response  is suggestive that such a development is possible in the near future.

The agenda for the February 16, 2010 meeting suggests that the next meeting of the Working Group will occur in April, 2010.

For more information

Wisconsin Office of the Commissioner of Insurance Autism Treatment Working Group

Memo from the Office of the Commissioner of Insurance dated 22 September 2009

Section 632.895 (12m), Wis. Stat. (12m) TREATMENT FOR AUTISM SPECTRUM DISORDERS.

OCI FREQUENTLY ASKED QUESTIONS ON MANDATED COVERAGE FOR AUTISM SERVICES
"This FAQ is presented for informational purposes only. It does not carry the full force and effect of the law."
Document links to statute and emergency rule.

Frequently Asked Questions About How The Autism Insurance Mandate Affects Children Participating in the CLTS Waivers

WISCONSIN: Frequently Asked Questions About the Autism Insurance Reform Law
Autism Votes

WI Autism Insurance - Updates from Elvis Sightings blog
Blog of a parent who is tracking these events in Wisconsin

'Huge hole' in Wisconsin's autism coverage mandate
Wisconsin State Journal
By MATTHEW DeFOUR mdefour@madison.com 608-252-6144 | Posted: Sunday, November 29, 2009 5:50 pm


© 2010 Regina G. Claypool-Frey
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