Friday, April 23, 2010

State legislation: Wisconsin - SB 667 which allows behavior analyst reimbursement for autism treatment and creates license passes legislature and goes to the Governor

On Wednesday, April 21, 2010 the Wisconsin State Legislature after a rapid fire turnaround passed,
 S.B. 667: AN ACT to renumber subchapter III of chapter 440 [precedes 440.41], subchapter IV of chapter 440 [precedes 440.51], subchapter V of chapter 440 [precedes 440.60], subchapter VI of chapter 440 [precedes 440.70], subchapter VII of chapter 440 [precedes 440.88], subchapter VIII of chapter 440 [precedes 440.90], subchapter IX of chapter 440 [precedes 440.96], subchapter X of chapter 440 [precedes 440.97], subchapter XI of chapter 440 [precedes 440.98], subchapter XII of chapter 440 [precedes 440.9805] and subchapter XIII of chapter 440 [precedes 440.99]; to amend 157.055 (2) (intro.), 441.15 (2m), 448.03 (2) (a) and 632.895 (12m) (b) 4.; and to create 440.03 (13) (b) 15m., 440.08 (2) (a) 20m., subchapter III of chapter 440 [precedes 440.310] and 632.895 (12m) (b) 3m. of the statutes; relating to: licensure and regulation of behavior analysts, insurance coverage of the services of behavior analysts for autism treatment, providing an exemption from emergency rule procedures, granting rule−making authority, and providing a penalty.
S.B. 667 was introduced on April 5, 2010 and referred to the Senate Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue; the public hearing held on April 14, 2010. The bill was reported with passage recommendation by the Committee on April 19, 2010, and submitted to the Senate where it passed on April 20, was messaged to the House, where it was read and concurred in on April 21. The next step is Governor Jim Doyle's signature.

From the Analysis by the Legislative Reference Bureau
"This bill provides for licensure and regulation of behavior analysts. Under the bill, no person may engage in the practice of behavior analysis unless the person has been granted a license by the Department of Regulation and Licensing (department). [definition of practice of scope of practice of behavior analysis] The bill provides that the licensure requirement may not be applied to restrict the practice of behavior analysis within the scope of practice of a licensed professional who is not a behavior analyst, if the professional does not represent that he or she is a behavior analyst. An unlicensed person who practices behavior analysis is subject to a fine up to $250, up to three months in jail, or both. 
The department must grant a license to an applicant who submits an application, an initial credential, and evidence that the applicant is certified as a behavior analyst by the private organization Behavior Analyst Certification Board, Inc. (board), except that the department may not grant a license to an applicant who has been convicted of certain crimes specified in the bill. 
The bill authorizes the department to promulgate rules regarding the practice of behavior analysis, including rules authorizing the issuance of temporary permits to practice behavior analysis, but any rules must be consistent with standards established by the board. The department may not promulgate rules that impose additional educational requirements; that require a behavior analyst to practice under supervision by, or in collaboration with, another health care provider; that require a behavior analyst to enter into an agreement with another health care provider; or that limit the location where a behavior analyst may practice. 
Under current law, health insurance policies and self-insured governmental and school district health plans are required to cover a specified amount of intensive-level services and nonintensive-level services provided to an insured for the treatment of autism, Asperger’s syndrome, and pervasive developmental disorder not otherwise specified as long as the treatment is prescribed by a physician and provided by any of the following providers who are qualified to provide intensive-level services or nonintensive-level services:[list of current providers] The bill provides that the coverage must also apply to services provided by a behavior analyst who is licensed to practice behavior analysis by the department or by a paraprofessional working under the supervision of such a behavior analyst, if the behavior analyst or paraprofessional is qualified to provide intensive-level services or nonintensive-level services."
The intensive-level and nonintensive-level services referenced relate to the Wisconsin autism insurance reform law (§12m) coverage passed in 2009 that specifies a four year minimum of intensive services and thereafter nonintensive services. S.B. 667 is similar to the House measure, A.B. 789, however after amendment AB 789 was tabled in the House on April 20.

For more information
Kenosha County heavily vested in various new laws, proposals
April 21, 2010 | 11:39 p.m.

Past blog post
Friday, April 16, 2010
State legislation: Wisconsin - AB 789 would allow reimbursement for autism services by behavior analysts and create a behavior analyst license

© 2010 Regina G. Claypool-Frey
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