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.
"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.
On April 15, 2010 the the Healthy Families and Communities Subcommittee of the U.S. House Committee on Education & Labor heard testimony on the topic of
"...Research notes that corporal punishment [defined as the intentional application of physical pain as a method of behavior change - see testimony for specific named practices and citations] constructs an environment of education that can be described as unproductive, nullifying, and punitive. Children become victims, and trepidation is introduced to all in such a classroom. There is a limited (if any) sense of confidence and security; even those children who witness this type of abuse are robbed of their full learning potential... It is critical that teachers receive adequate training and resources to help them effectively maintain classroom control without resorting to violent or aggressive techniques.2 One way to accomplish this is to provide teachers, both during pre-service and in-service training, with the ability to employ behavior management techniques that promote pro-social classroom interactions among the students; this would also promote a positive learning environment for those students..."
It is reported that currently there is no U.S. federal regulation on corporal punishment in schools although thirty states have prohibited the practice. The twenty remaining states are primarily in the South. A recent Washington Post article reports that the Chairperson of the Subcommittee, Representative Carolyn McCarthy, plans to introduce in a matter of weeks a resolution to ban the use of corporal punishment in U.S. Schools.
Among the citations and references supplied to the Subcommittee by Dr. Greydanus were,
The version passed and signed into law provides insurance coverage of autism spectrum disorders, including applied behavior analysis to a limit of $36,000 per year, up to the age of six. This version was amended from the introduced version of the bill, which would have set an age limit of 21. The law will take effect January 1, 2011.
As written, the new law provides coverage for applied behavior analysis as a "habilitative and rehabilitative service"; however it does not explicitly state the provider of these services, nor does it specify the BACB certification or competencies for delivery of applied behavior analysis service.
Senate Substitute for HB 2160: An act concerning insurance; providing coverage for autism spectrum disorder; amending K.S.A. 2009 Supp. 75-6501 and repealing the existing section.
into law. The bill takes effect upon publication in the Kansas Statute Book. S.Sub HB 2160 passed in the legislature on April 2, 2010 March 30, 2010.
New law and amendment of existing law will require the Kansas State Employees Health Care Commission (administers the State health care benefits program for state employees and other qualified entities) to provide for the coverage of services for the diagnosis and treatment of autism spectrum disorder (ASD) in any covered individual whose age is less than 19 years. Coverage would be no greater than $36,000/year for children from birth to 7, and no greater than $27,000/year for those age 7 through 18, with certain conditions applying to prescription, and services as recognized in the peer reviewed literature as providing a medical benefit.
Applied behavior analysis must be included if prescribed by a licensed physician, licensed psychologist or licensed specialist clinical social worker.
Reimbursement would be allowed only for services by
a provider licensed, trained , and qualified to provide such services or
as such terms are defined by the department of social and rehabilitation services Kansas autism waiver as it exists on July 1, 2010. [See Kansas Early Autism Services for more information on the Kansas autism waiver.]
The bill also would require the Health Care Commission, pursuant to the requirements of the Insurance Code regarding mandated health insurance benefits, to submit on or before March 1, 2012, a report to the Senate President and the Speaker of the House of Representatives. The report is to include information pertaining to the mandated ASD benefit coverage provided during the 2011 Plan Year. The information
is to include:
The impact that the mandated coverage has had on the State health care benefits program;
Data on the utilization of coverage for autism spectrum disorder by covered individuals and the cost of providing such coverage; and,
A recommendation on whether such mandated coverage should continue for the State health care benefits program.
The Legislature is permitted to consider (in the next session following the receipt of the report) whether or not to require the coverage for autism spectrum disorder to be included in any individual or group health insurance policy, medical service plan, HMO, or other contract which provides for accident and health services and which is delivered, issued for delivery, amended, or renewed on or after July 1, 2013.
The Dickinson Press reports that Nick Gates of Dickinson, North Dakota, father of Noah - a 7 year old with autism - will be at the North Dakota state Capitol on April 27, 2010 to help the sponsoring State Senators introduce the insurance reform bill dubbed "Noah's Law".
The bill's sponsors are Senator Rich Wardner, R-Dickinson, and Senator Carolyn Nelson, D-Fargo, and "Noah's Law" will be introduced to the Employee Benefits Programs Committee in the Harvest Room at the state Capitol on April 27 at 9 a.m. CDT. After that introduction the Committee will determine whether to recommend the bill for further action.
"Noah's Law" would require insurance companies to cover behavior analytic treatment of autism; besides the direct treatment benefit to children the hope is that an increased pool of certified practitioners would be attracted to serve North Dakota children.
For further reference Bill seeks autism coverage Published April 16 2010 By: Lisa Call, The Dickinson Press Note: Free registration may be required to view the article
to the floor of the Connecticut House. In a previous vote on March 19, 2010 by the Education Committee, the Joint favorable substitute was passed unanimously on a bipartisan vote of 32 to 0.
One effect of passage of the bill would be the regulation of practice of applied behavior analysis in schools by verifying the appropriate qualifications and credentials of practitioners, and the recognition of Behavior Analyst Certification Board (BACB) certificants and the competencies of the BACB for delivery of ABA services to children with autism.
Lore, a former autism therapy consultant, is accused of forging her identity as a certified behavior analyst and swindling schools and parents throughout Fairfield County. Letso said this bill could prevent a repeat of Lore's hire.
The regular legislative session concludes May 5, leaving about two weeks for the bill to become law..."
The state of West Virginia may be in line to almost double the number of BACB certificants above the state's current number of nine when West Virginia University (WVU) graduates its first class from the Behavior Analysis for Teachers program in the summer of 2010.
This collaborative project between Monongalia Couny Schools and WVU aims to provide working teachers with graduate level training in behavior management principles and strategies and qualify them at completion to to sit for Behavior Analyst Certification Board examination, either at the Board Certified Behavior Analyst (BCBA) or Board Certified Assistant Behavior Analyst (BCaBA) level; the program is unique in that the instructors go to the enrolled students rather than a typical university enrollment model. The focus of training is core behavioral principles and those related to the classroom - such as Functional Behavior Assessments and applying that information to the development of function-based interventions for students.
The first class of eight Monongalia County teachers began program in the summer of 2009 and at completion in the summer of 2010 will have gone through four semesters of graduate-level academic training and a year-long supervised practicum.
While the program is potentially open to all teachers in the Monongalia County Schools, only top candidates from competitive application are chosen for admission.
The Progress (NJ) reports that Caldwell College was recently awarded over half a million dollars in federal funding for the Applied Behavior Analysis program, which currently offers a Post-Baccalaureate Certificate, an M.A. program, and a new Ph.D. program. The funding was obtained with the help of New Jersey Congressman Rodney Frelinghuysen, who worked with Sharon A. Reeve, Ph.D., BCBA, Caldwell's Program Coordinator of Graduate Studies in Applied Behavior Analysis, to approach U.S. Senators Frank R. Lautenberg and Robert Menendez for support of the new program.
Senator Lautenberg has assisted the program in the past by securing federal funding to help to support the startup of Caldwell's ABA doctoral program.
The college plans to begin construction this summer for an on campus facility for the ABA program; it will serve as a center for workshops and programs for K-12 teachers and parents.