Saturday, April 3, 2010

State legislation: Kentucky - HB 159/HCS licensing behavior analysts and creating autism insurance coverage passes legislature on April 1, 2010, headed for Governor's signature

As anticipated, Kentucky bill HB 159/HCS passed with no obstacle and unanimous passage on April 1, 2010 in the state Senate and now proceeds to Governor Beshear for signing into law. It would take effect January 1, 2011.

KY HB 159/HCS establishes the titles of Licensed behavior analyst and Licensed assistant behavior analyst; regulates and defines the scope and practice of applied behavior analysis; creates the Kentucky Applied Behavior Analysis Licensing Board as an agency of state government, and articulates the initial set-up, collection of fees, composition, duties, powers, terms of office and operations of the licensing board.

For the purposes of this license as specified, the requirements of the Behavior Analyst Certification Board, including coursework, supervision, and maintenance of certification status are stated to meet the licensing requirement. A person under supervision to complete the experience requirement for BACB certification is allowed a temporary license for that purpose. Other sections and clauses relate to application, renewal, ethical practices, complaint, penalties, fines and reinstatement of license.

In relation to reciprocity, the Board would have the power to issue a license to a person in good standing who holds a valid license or certificate from another state and meets the requirements of license in Kentucky.

The passed bill also contains a section relates to informed client consent and confidentiality when telehealth is used or facilitated by a treating Licensed Behavior Analysts or Licensed assistant behavior analysts; "telehealth" meaning the use of interactive audio, video, or other electronic media to deliver health care, including the use of electronic media for diagnosis, consultation, treatment, transfer of health or medical data, and continuing education. The Board would be responsible for developing regulations relating to fraud prevention and ethical use by Licensees utilizing telehealth.

The other major matter addressed in the bill is provision of health insurance coverage to those diagnosed with autism under treatment prescribed by a physician ; the coverage under large group plans (greater than 50 employees) being $50,000/year/ child age 1 through the 7th birthday, and thereafter, $1000/month through age 21. Applied behavior analysis would be covered under the category of "habilitative or rehabilitative care" and is also specified separately in the bill as prescribed or ordered by a licensed health or allied health professional.

Health benefit plans in the individual and small group market have a reduced benefit, with stated coverage of $1000 maximum per month.

Other sections and clauses provide definition and scope of coverage for state employee insurance, including, but not restricted to autism services.

For further reading

Autism bill puts Kentucky at forefront
Sunday, Apr. 04, 2010
By Beth Musgrave - bmusgrave@herald-leader.com


Ky. bill requires coverage for autism services
Bloomberg.com Business Week
April 2, 2010

Autism Votes Kentucky

Past post
Friday, March 26, 2010
State legislation Quicktake: Kentucky HB 159 set to go to the Kentucky Senate for vote as early as March 29, 2010; Projections are for passage

© 2010 Regina G. Claypool-Frey
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