Sunday, May 16, 2010

Legislation - Roundup of licensing, autism insurance and other state and Federal bills and statute of interest

Summary of some state and Federal legislation and statute
May 16, 2010
Note: While this is a best effort to track and report legislation for the purposes of education and reference, no claim is made of comprehensiveness, completeness or accuracy, and posting does not constitute legal advice.
Readers are urged to consult noted references and relevant governmental sources to obtain exact legislative and statutory language.

 Red dots = states with passed licensing law (7)
Yellow=states with passed autism insurance law
Green = states with autism insurance legislation in progress
Gray= states with autism insurance legislation that failed to pass in 2010.

Licensing legislation - passed (red dots)
(BACB)=BACB certification alone is competency for license
(BACB+) = BACB and additional requirements
(other) = other requirements

  • Arizona (2008)/January 1, 2011 - Note: this is year delay, via HB 2207 (2009) which specified certain deposits and accounting changes to enact Laws 2008, Chapter 288. (other). State Board of Psychologist Examiners

  • Kentucky (2010)/January 1, 2011 HB 159 (BACB). Kentucky Applied Behavior Analysis Licensing Board. [blogpost]

  • Missouri (2010)/  HB 1311 - (BACB). Behavior Analyst Advisory Board under the State Committee of Psychologists [blogpost] 5/16/10 awaiting signature of Governor Jay Nixon.

  • Nevada (2009)/May 29, 2009  for purpose of establishing licensing and certification requirements. July 1, 2011 for all other purposes. Language of AB 162 as enrolled. Ch. 331. (BACB). Board of Psychological Examiners, adding 2 more members, one of whom is a licensed behavior analyst. Also certifies autism behavior specialists.

  • Oklahoma (2009)/November 1, 2009 - license and training program.  Licensing Act language at the BACB. (BACB). Licensed by the Developmental Disabilities Services Division of the Department of Human Services.

  • Pennsylvania (2008)/ 1 year from effective date of regulations promulgated or July 1, 2012 - license is for "Behavior Specialist". Licensing requirements as outlined in Act 62 from PA DPW (other). State Board of Medicine

  • Wisconsin  (2010)/30 days after publication date; Publication date May 25, 2010. SB 667/2009 Wisconsin Act 282 - (BACB). Department of Regulation and Licensing; an advisory committee may be appointed to advise on regulation. [blogpost]
Licensing legislation - in progress (open red dot)
Stated to be considering licensing
Autism insurance legislation - passed (yellow on map) - red below indicates also a license in that state.
NB- legislation does not affect ERISA self-insured plans or may have other state specific coverages, restrictions or exclusions depending on state's statute and regulation.
Autism insurance legislation - active at the time of this post (green on map)
Autism insurance legislation - failed to pass or modified (M) from original purpose in 2010 (gray on map)
  • Alaska HB 187; (May be on hold pending task force review) Did not specify competencies of "autism service provider". Legislature adjourned 4/18/10. [blogpost]
  • (M) Georgia  SB 161 - Insurance; require certain coverage for autism spectrum disorders; provide definitions. Modified by House Committee on Insurance to appoint a task force for study of education and services. Legislature adjourned.
  • Maryland HB 1091 & SB 1028; Legislature adjourned before significant action taken [blogpost]
  • Minnesota HF 359; language transferred to House HHS Omnibus Health Care bill; excised in Conference Committee [blogpost]
  • Mississippi SB 2055, SB 2129, SB 2175, SB 2363, SB 2607, HB 1496. All "Died" in House and Senate Insurance Committees.
  • Missouri SS/SB 618. Similar bill HB 1311&1341 passed in 2010 legislature. [blogpost]
  • Virginia SB 464; reduced amount and age of coverage. Tabled by House Commerce and Labor committee. [blogpost]
  • Washington  HB 1210 & SB 5203; Carried over from 2009. No significant action taken in special session. [blogpost]
  • West Virginia SB 145, HB 2858, HB 4410, HB 4215; No significant action. Legislature adjourned. [blogpost]
Other significant legislation passed
  •  Connecticut HB 5425 (passed legislature 5/6/10)"An Act Concerning Special Education". [blogpost]
Other significant legislation in progress

  • California SB 1282 Applied behavior analysis services: California Behavioral Certification Organization. [blogpost]
  • Massachusetts S. 45 Level IV Treatment Interventions & S. 46 Special Commission on Behavior Modification. [blogpost]
  • Massachusetts  S 2293, formerly S. 223 "An Act to improve augmentative and alternative communication opportunities for children with disabilities" Bill History. Problematic reference is inclusion of "facilitated communication" as communication modality.
  • New York  S.03676  Provides an exemption for individuals performing behavior analysis. [blogpost]
Other significant legislation on hold or "failed".
  • Alaska HB 425  (On hold pending task force study). Would have created intervention system for ABA and provided supervised experience towards BACB certification. Legislature adjourned 4/18/10. [blogpost]
  • Mississippi SB 2457 ("Died" in Education; Appropriations Committees). would have phased in training of personnel and routine school use of "applied behavior science" for the state's students with ASD.
  •  Missouri  SB 1030 Creation of Behavior Analyst Advisory Board and licensure. Language rolled into autism insurance bills SS/S. 618 and passed HB 1311&1341. [blogpost]
*Federal legislation in progress
Restraint and seclusion legislation
  • H.R. 4247 "Keeping All Students Safe Act . [blogpost]
  • S. 2860 "A bill to protect students from inappropriate seclusion and physical restraint, and for other purposes". [blogpost]
Note: Many states are currently in the process of reviewing regulation or creating legislation issue of restraint and seclusion under the urging of Secretary of Education Arne Duncan and prompting of this Federal legislation. Please refer to your state legislature or Department of Education for the status of such actions.

Other Federal laws which may impact practice 

For more information/further reading
Insurance Coverage for Autism
February 2010
National Conference of State Legislatures

National Conference of State Legislatures/NCSL
For autism legislation database and Legislative Session Calendar

Autism Votes

Frequently Asked Questions About the State Autism Insurance Reform Laws
Autism Votes

2009 State Autism Profiles
Easter Seals

Buckner, Marcy M "States Enact Insurance Mandates To Cover OT for Autism". OT Practice. 20 May, 2010. (Search engine of the Library of Congress)

Federal Register: Tuesday, February 2, 2010
Part IV:
Department of the Treasury, Internal Revenue Service, 26 CFR Part 54
Department of Labor, Employee Benefits Security Administration, 29 CFR Part 2590
Department of Health and Human Services, Centers for Medicare & Medicaid Services, 45 CFR Part 146

Interim Final Rules Under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008; Final Rule

Tuesday, March 23, 2010
Federal legislation: U.S. House passes Senate health care reform bill to be signed into law; reconciliation act goes to the Senate
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
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