State legislation: Legislative conference on Minnesota Health and Human Services (HHS) Omnibus bills to decide autism insurance coverage

**5:35 PM PDT, Tuesday 5/11/10 - Minnesota Northland Association for Behavior Analysis (MNABA) has posted on Facebook the latest update, which is that the Senators on the conference committee voted against adoption of the autism insurance language. There may still be time to weigh in, but the word is that deliberation is in the evening of 5/11
Please see their action alert at Facebook for the specific information action to be taken. **

The Autism Advocacy Law Center blog is currently following closely the legislative conference on the House (HF2614) and Senate (S2337) versions of the Health and Human Services Omnibus Bill. That blog, and a perusal of the bills' comparative language indicates that the House version of the Omnibus Bill contains the language originally found in the House bill, HF 359, the Autism Healthcare Protection Act, and the Senate version does not.

**2:15 PM PDT, Tuesday 5/11/10 - The Autism Votes Facebook group has issued an action alert on the bills**

Comparison of House v. Senate language as of May 6, 2010
S2337 HF2614
Health and Human Services

Some clauses of interest,

Coverage for Autism Spectrum Disorders
Under, Miscellaneous
House Language h2614-3
94.22 Sec. 2. [62A.3094] COVERAGE FOR AUTISM SPECTRUM DISORDERS.

p.2,

94.31 (c) "Board-certified behavior analyst" means an individual certified by the Behavior 94.32 Analyst Certification Board as a board-certified behavior analyst.

p.3,

96.3 (b) A health plan must provide coverage for the diagnosis, evaluation, assessment,
96.4 and medically necessary care of autism spectrum disorders that is evidence-based,
96.5 including but not limited to:
(...)
96.8 (2) applied behavior analysis and intensive early intervention services, including
96.9 service package models such as intensive early intervention behavior therapy services
96.10 and Lovaas therapy;

p. 4,

97.13 (5) services must be provided by a mental health professional or, as appropriate, a
97.14 board-certified behavior analyst, a qualified mental health practitioner, or a qualified
97.15 mental health behavioral aide.
97.16 (e) Providers under this section must work with the commissioner in implementing
97.17 evidence-based practices and, specifically for children under age 21, the Minnesota
97.18 Evidence-Based Practice Database of research-informed practice elements and specific
97.19 constituent practices.

page 5,

A mental health professional who uses the services of a qualified mental health
97.29 practitioner, board-certified behavior analyst, or qualified mental health behavioral aide for
97.30 the purpose of assisting in the provision of services to patients who have autism spectrum
97.31 disorder is responsible for functions performed by these service providers. The qualified
97.32 mental health professional must maintain clinical supervision of services they provide
97.33 and accept full responsibility for their actions. The services provided must be medically
97.34 necessary and identified in the child's individual treatment plan. Service providers must
97.35 document their activities in written progress notes that reflect implementation of the
97.36 individual treatment plan.
(...)
98.13 EFFECTIVE DATE. This section is effective August 1, 2010, and applies to
98.14 coverage offered, issued, sold, renewed, or continued as defined in Minnesota Statutes,
98.15 section 60A.02, subdivision 2a, on or after that date.

Please see full documents for full and specific language. Please also note, that this is legislative language in conference and is subject to change as a result of that process.

For further reading
Will Autism Insurance Reform Survive?
May 11th, 2010
Amy Dawson, Autism Advocacy Law Center blog

Autism Votes Facebook page

Bills in conference

Minnesota Legislation & Status

Autism Votes Minnesota

MN House of Representatives releases its Health and Human Services Omnibus Bill
April 26, 2010
Minnesota Consortium for citizens with Disabilities

© 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.