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
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.

Former consultant to Norwalk, CT school district under multiple criminal charges; one outcome is legislation to establish formal competency to deliver behavior analysis

Three years after being hired by the Norwalk School District, Norwalk, Connecticut to provide behavior analysis services to its students with autism, Stacy Lore, who operated a business called Spectrum Kids, LLC, is being held under $200,000 bond after multiple indictments for forgery, larceny and criminal impersonation. Ms. Lore is accused of falsely representing herself as holding a Doctorate in Psychology and certification by the Behavior Analyst Certification Board to the Norwalk School Board, which on that basis contracted her services in March of 2007; Ms. Lore was also contracting out her services on a private-pay basis to local families, and to other Connecticut and New York School districts. By August of 2008 multiple complaints related to accounting, service delivery, professional behavior, and lack of progress and regression in some children was reported, leading parents within the district to demand investigation and action. Even after receiving notification from the BACB that Ms. Lore was not a BACB certificant, the district did not immediately terminate her contract  resulting in parents to eventually direct their inquiries to the state Attorney General and file Freedom of Information Act (FOIA) requests to discover the extent of background checking that was done before Ms. Lore's hire.

As events have unfolded under investigation with the involvement of the Norwalk School Board, the Attorney General, the legal counsel of Norwalk Public Schools, and the Norwalk Police Department, it has come to light that Ms. Lore's credentials were not checked before her hiring. Discovery has been made that not only is she not a BACB certificant holder nor a Psychology Doctorate, but her highest level of education appears to be that of a Graduate Equivalency Diploma (GED) awarded from BOCES in New York State.

Ms. Lore is currently charged with three counts each of second-degree forgery, first-degree larceny and criminal impersonation. The amount in question is $170,000. This case has been transferred to the Part A dockett at Stamford, Connecticut Superior Court, with her next court appearance scheduled for April 14, 2010. Civil suits have been filed by parents against Lore and the City of Norwalk.

One outcome from this situation is that legislation was crafted by the Connecticut Attorney General and Suzanne Letso, M.A., BCBA, Co-founder and CEO of the Connecticut Center for Child Development to require certain competencies from those delivering behavior analytic services in Connecticut; the bill, CT HB 5425: An Act Concerning Special Education, is currently in the 2010 legislature.

The case involving Ms. Lore bears similarity to that of the 2006 case of Nancie Fisher in New Jersey, who also claimed false credentials and was indicted and eventually convicted of fraud involving over $200,000.

For more information
Lore case sparks new legislation to ensure therapists are qualified
Posted on 03/31/2010 
By STEVE KOBAK. Hour Staff Writer. The Hour Online
[May require registration to read]

'Autism Expert' Arrested for faking credentials (VIDEO) 2:06
April 01, 2010. 6:24 p.m. ET

Lore Held on $200K Bond, Parents React
Moira Noor
The Daily Norwalk, April 1, 2010


Phony Autism Therapist, Stacy Lore, Arrested
Joan Gaylord, The Daily Norwalk
March 31, 2010


A Norwalk Public School scandal shows that Connecticut has no idea how to teach children with autism
Lauri Brett
November 20, 2009

Final Decision in the Matter of a Complaint by Margaret Bustell agains Superintendent of Schools, Norwalk Public Schools; and Norwalk Public Schools
Freedom of Information Commission of the State of Connecticut
May 13, 2009

Legal counsel confirms Lore lacked credentials to serve Norwalk schools
Posted on 02/10/2009,  
Joan Gaylord, Hour Staff Writer. The Hour Online
[May require registration to read]

Duff assures Spectrum Kids clients on FOI case
Joan Gaylord, Hour Staff Writer. The Hour Online
Posted on 10/19/2008
[May require registration to read]

Special Ed Company Snagged In Accounting Audit
October 7, 2008

Update: Fake New Jersey behavior therapist is indicted for impersonating nurse.[On Nancie Fisher case]
May 14, 2006; updated May 17--Behavior News 
Behavior Analysis Association of Michigan (BAAM)

Behavior Analyst Certification Board

Consumer Guidelines for Identifying, Selecting, and Evaluating Behavior Analysts Working with Individuals with Autism Spectrum Disorders [pdf]
Autism Special Interest Group of ABA International

Connecticut Superior Court

Past posts
Wednesday, March 24, 2010
State legislation Quicktake:Connecticut H.B. 5425 passes from Education Committee with joint favorable substitute

© 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.

Monday, March 29, 2010

Great articles from the March organization for Autism Research e-newsletter

Under the header of "Science, Fads, and Behavior Analysis", the March Organization for Autism Research (OAR) newsletter, The OARacle, reprinted an article from the Autism Spectrum News, Winter 2010, 2(3), p. 21, by Dr. Thomas Zane, Ph.D., BCBA-D
A Review of Relationship Development Intervention: Is It An Evidence-Based Effective Treatment?
While the conclusions of Dr. Zane's examination of RDI is informative, there is at least equal value in the description of the process starting from literature review through comparison to accepted criteria in determining validity as an evidenced-based practice.

Another interesting article of practical value is,
"How to: Keeping your child safe"
Take Practical Steps to Ensure Your Child’s Safety
Kate Britton, M.S.Ed., M.A., BCBA  and Bridget A. Taylor, PsyD, BCBA-D,
Readers are encouraged to browse the entire March issue, as well as the OAR website to become acquainted with OAR's activities, and funded research and scholarship programs.

For more information and to sign up for an e-newsletter subscription to The OARacle
The Organization for Autism Research

Past blog post
Friday, February 26, 2010
Organization for Autism Research (OAR) publishes new resource for U.S. Military Families

© 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.

State legislation: Iowa - Wild and wooly ride for autism insurance bill as General Assembly prepares to adjourn

**Clarifying note that the "Standings Bill" is HF 2531, [successor to HSB 741]. The author would like to apologize for prior typos on this bill number, which have now been corrected**

With the Iowa General Assembly rapidly winding up its business for the 2010 session, the major focus of Friday, Saturday and continuing into the upcoming week is HF 2531, the "Standings bill", which by addition of last minute amendments and additions is sometimes referred to as the "Christmas tree" or "Catch-all" bill. HF 2531 contains the state budget, corrections and changes to bills passed earlier in the session and bills that one body may have passed but never reached vote in the other.

Among the bills which passed in one body but not the other is
SF 2349 A bill for an act requiring certain group health insurance plans established for employees of the state to provide coverage for autism spectrum disorders for certain persons, requiring certification of behavior specialists, and providing an applicability date. (Formerly SF 1.), which was amended to recognize Board Certified Behavior Analysts and other licensed health professionals as service providers of applied behavior analysis.
SF 2349 was unable to come to the House floor to be deliberated as a separate bill, but as of Saturday, March 27 was active as an amendment added in the Iowa Senate to the Standings Bill, with the provision recognizing BACB certificants added as an amendment to that amendment. The amended HF 2531 also contained a budget provision for implementation of the insurance reform amendments, which strongly suggested that the autism insurance clauses would be retained in the final passed HF 2531

Although this is a positive development, on Sunday March 28, 2010, Autism Votes put out an action alert that three Iowa Representatives who had previously supported the autism insurance bill were wavering on reversing their vote, which would jeopardize approval of the amendment in the House.

Any further amendment in the House will force HF 2531 back to Senate for final concurrence.

The Iowa House is currently scheduled to resume at 10:00AM CDT, and the Senate at 2:00PM CDT. Predictions for the end of the session are imprecise, with some forecasting the final vote on the Standings bill to come as early as Monday night, and others extending through the March 31, 2010 end date originally posted on the legislative calendar.

For further reading
Iowa Legislators hope to catch all issues before sessions end
By Alex Halfmann Heartland Connection.com
Sunday, March 28, 2010 at 7:53 p.m.


Adjournment eludes Iowa legislature
Rod Boshart
Quad City Times
Posted: Saturday, March 27, 2010 10:11 pm


Iowa General Assembly

Autism Votes Iowa

Past post
Saturday, March 20, 2010
State legislation: Iowa - Autism insurance bill SF 2349 down to the wire; bill now explicitly names BCBAs as providers of ABA

© 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.

Sunday, March 28, 2010

State legislation: New Hampshire HB 569-FN autism insurance bill stuck in Senate Committee

On January 6, 2010,
HB 569-FN - As amended, aka "Connor's Law": clarifying insurance coverage for diagnosis and treatment of pervasive developmental disorder or autism
passed in the New Hampshire State House by a roll call vote of 213-147.

After some delay, the bill went to the Senate of the New Hampshire General Court and on March 3, 2010 was assigned to the Commerce, Labor and Consumer Protection Committee. Since that time the legislative website has not shown any movement of HB 569-FN

The purpose of the bill is to clarify existing statute which presumes to cover autism treatment, however claims are commonly denied. A legislative study determined that applied behavior analysis as well as speech and occupational l therapies are necessary services that should be covered, in alignment with American Academy of Pediatrics recommendations; the purpose of HB 569-FN is to clarify that requirement. In other aspects it would not change educational or existing insurance law. While other professions are explicitly identified within the bill, the applied behavior analysis provision was inferred to be under service delivery by "provided by a pervasive developmental disorder or autism service provider"; BACB certificants or other equivalent not referenced.

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For further reading/past blog posts
Connor's Law website

Autism Votes New Hampshire page

LEG. NEWS: New Hampshire autism insurance bill on the calendar for 2010
Friday, December 18, 2009
Practitioner Issues in Behavior Analysis SIG blog


Bill Docket HB 569

The New Hampshire General Court

© 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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