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AIM Michigan and Autism Votes announce that there will be a legislative task force meeting on autism insurance reform hosted by Michigan Senators Randy Richardville and Tupac Hunter. Although Michigan's House in June 2009 passed two autism insurance bills,
HB 4476 : insurance; health care corporations; coverage for certain treatments related to autism; provide for. Amends 1980 PA 350 (MCL 550.1101 - 550.1704) by adding sec. 416e.
and
HB 4183: Insurance; health; coverage for certain treatments related to autism; provide for. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s. that proposed to cover ABA and other evidenced treatments, the bills have subsequently stalled in the Senate's Economic Development and Regulatory Reform Committee. Autism Votes states that these meetings represent the Michigan Senate's effort to determine what would best meet the needs of Michigan's families and children impacted by autism spectrum disorder.
Monday, May 24, 2010, 2:30-4:30 pm. EDT
Autism Collaborative Center
Eastern Michigan University
1055 Cornell Road, Fletcher School Building, Ypsilanti, Michigan Among those stated to be speaking will be
- Lorri Unumb, Senior Policy Advisor for Autism Speaks
- Catherine Lord, Ph.D., Director of the University of Michigan Autism & Communication Disorders Centers;
- Pamela Lemerand, Ph.D, Project Director for EMU's Autism Collaborative Center;
- Eileen Weiser, former State Board of Education member and Civic Leader,
- Brooke Ingersoll, Ph. D, Michigan State University Autism Laboratory.
The second in the series of task force meetings has been set for Friday, June 4, from 12:00 - 2:00 pm EDT at the Children's Hospital of Michigan, Detroit Medical Center, Detroit, MI.
For further reading
Autism Votes Michigan
Autism Insurance Michigan Blog
Draft Position Statement on Autism Insurance
Behavior Analysis Association of Michigan(BAAM)
© 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.
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.
- Arizona (2008)/July 1, 2009 -Ariz. Rev. Stat. Ann. § 20-826.04, § 20-1057.11, § 20-1402.03 and § 20-1404.03 (2008 Ariz. Sess. Laws, Chap. 4; HB 2847 of 2008).
See NCSL Summary, FAQ at Autism Votes
- Colorado (2009)/July 1, 2010 - Colo. Rev. Stat. § 10-16-104 (1.3)(g), § 10-16-104 (1.4) and § 25.-5-8-107 (a)(IV) (2009 Colo., Sess. Laws, Chap. 391; SB 244, Fiscal Note). Colo. Rev. Stat. §10-16-104.5 (1993 Colo., Sess. Laws, Chap. 211, amended by 2009 Colo., Sess. Laws, Chap. 391, SB 244).
See NCSL Summary, FAQ at Autism Votes
- Connecticut (2009)/January 1, 2010 - Conn. Gen. Stat. § 38a-514b (2009 Conn. Acts, P.A. 115; SB 301 of 2009, Summary).
See NCSL Summary, FAQ at Autism Votes
- Florida (2008)/April 1, 2009; April 1, 2010 to be in compliance -Fla. Stat. § 627.6686 and § 641.31098 (2008 Fla. Laws, Chap. 30; SB 2654).
See NCSL Summary, FAQ at Autism Votes
- Illinois (2009)/December 30, 2009 - Ill. Rev. Stat. ch. 215, § 5/356z.14 (2008 Ill. Laws, P.A. 95-1005, SB 934 of 2008; and 2009 Ill. Laws, P.A. 95-1049, SB 101 of 2008). amended in 2009 by 2009 Ill. Laws, P.A. 95-1049 (SB 101 of 2008).
See NCSL Summary, Illinois' fact sheet on insurance coverage for autism, FAQ at Autism Votes
- Indiana (2001) - Ind. Code § 27-8-14.2-1 et seq. and § 27-13-7-14.7 (HB 1122 of 2001; Fiscal Impact Statement).
See NCSL Summary, Indiana Resource Center for Autism's webpage., FAQ at Autism Votes; Bulletin 126 dated March 30, 2006.
- Iowa (2010)/January 1, 2011. Standings Appropriations Bill HF 2531 - Limited to certain state employee group health insurance plans; pilot to inform possible future expansion.
See Autism Votes Iowa [blogpost]
- Kansas (2010)/upon publication in the Kansas Statute Book. SS for HB 2160. Limited pilot program under Kansas State Employees Health Care Commission for evaluation for future possible expansion. (BACB + additional conditions)
See Autism Votes Kansas [blogpost]
- Kentucky (2010)/January 1, 2011- HB 159; creates separate licensing board. (BACB).
See Autism Votes Kentucky [blogpost]
- Louisiana (2008)/January 1, 2009 - La. Rev. Stat. Ann. § 22:1050 (2008 La. Acts, P.A. 648; HB 958 of 2008: Fiscal Note).
See NCSL Summary, FAQ at Autism Votes
- Maine (2010)/January 1, 2011 - LD 1198; up to age of 5.
See Autism Votes Maine [blogpost]
- Missouri (2010)/January 1, 2011 or after, when new plan issued. HB 1311 Behavior Analyst Advisory Board to Board of Psychologist Examiners. (BACB). 5/16/10 awaiting signature of Governor Jay Nixon.
See Autism Votes Missouri, [blogpost]
- Montana (2009)/January 1, 2010 - Mont. Code Ann. § 33-22-515 (2009 Mont. Laws, Chap. 359, SB 234 of 2009, Fiscal Note).
See NCSL Summary, FAQ at Autism Votes
- Nevada (2009)/January 1, 2011 - Nev. Rev. Stat. § 689A.0435 (2009 Nev. Stats., Chap. 331, AB 162 of 2009, Health and Human Services Fiscal Note | Public Employees' Benefits Program Fiscal Note).
See NCSL Summary, FAQ at Autism Votes
- New Hampshire HB 569-FN (2010)/January 1, 2011 - . Bill is clarification of existing statute. 5/16/10 awaiting signature of Governor John Lynch.
See Autism Votes New Hampshire [blogpost]
- New Jersey (2009)/February 9, 2010 or when new plan issued -
N.J. Rev. Stat. § 17:48-6ii, § 17:48A-7ff, § 17:48E-35.33, § 17B:26-2.1cc, § 17B:27-46.1ii, § 17B:27A-7.16, § 17B:27A-19.20, § 26:2J-4.34, § 52:14-17.29p and § 52:14-17.46.6b (2009 N.J. Laws, Chap. 115, AB 2238 of 2009). N.J. Rev. Stat. § 17:48-6v, § 17:48A-7u, § 17:48E-35.20, § 17B:26-2.1s, § 17B:27-46.1v, § 17B:27A-7.5, § 17B:27A-19.7 and § 26:2J-4.20
See NCSL Summary, FAQ at Autism Votes
- New Mexico (2009)/June 19, 2009 - N.M. Stat. Ann. § 59A-22-49, § 59A-23-7.9, § 59A-46-50 and § 59A-47-45 (2009 N.M. Laws, Chap. 74, SB 39 of 2009, Fiscal Impact Report).
See NCSL Summary, FAQ at Autism Votes
- Pennsylvania (2008)/July 1, 2009 - Pa. Cons. Stat. tit. 40, § 764h (Pa. Laws, Act 2008-62, HB 1150 of 2008).
See NCSL Summary, FAQ at Autism Votes
- South Carolina (2007)/July 1, 2008 - S.C. Code Ann. § 38-71-280 (2007 S.C. Acts, Act 65; SB 20 of 2007: Fiscal Impact Statement).
See NCSL Summary, FAQ at Autism Votes
- Texas (2008)/January 1, 2010 - Tex. Insurance Code § 1355.015 (2007 Tex. Gen. Laws, Chap. 877; HB 1919 of 2007:, Fiscal Note).
See NCSL Summary, FAQ at Autism Votes
- Vermont S. 262. (2010)/July 1, 2011 but no later than July 1, 2012. Limited to children age 18 mos. to 6 yrs. Law includes feasibility study for expansion to older minors, other programs and coverage of BCBAs. 5/16/10 awaiting signature of Governor Jim Douglas.
See Autism Votes Vermont [blogpost]
- Wisconsin (2009)/November 1, 2009 - Wis. Stat. § 632.895(12m) and Wis. Stat. § 609.87 (Assembly Bill 75 of 2009; Act 28 of 2009). Wis. Stat. § 51.01(5a) . Admin. Code, Insurance Commissioner 6.54(3)(a) et seq.
See NCSL Summary, FAQ at Autism Votes [blogpost]
Autism insurance legislation - active at the time of this post (green on map)
- Delaware SB 204- recognizes BCBAs or approved by DHS. Delaware legislature adjourns June 30. 2010.
Autism Delaware Facebook Group , Autism Votes Delaware [blogpost]
- District of Columbia B18-0528 Introduced on November 19, 2009. Last hearing on March 24, 2010. May be inactive, but status is unclear.
Autism Votes District of Columbia
- Massachusetts H3809 . Would cover ABA and BCBAs.
AFAM , Autism Votes Massachusetts.
- Michigan HB 4476 and HB 4183. Passed Michigan House June 24, 2009. On hold in the Senate Committee on Economic Development and Regulatory Reform..
Autism Insurance in Michigan (AIM), Autism Votes Michigan.
- New York S.7000A & A.10372 . Neither bill explicitly states ABA nor provider competencies. Both bills passed initial committees in March 2010, have not progressed since.
Autism Votes New York. [blogpost on S.7000A] [blogpost on A.10372]
- North Carolina (subject to change by conference committee) HB 589 = S 375 - specifies "behavioral therapy, including but not limited to ABA. Service provider not specified. Legislative session commenced May 12, 2010 runs through mid July, dependent on adjournment resolution.
Autism Society of North Carolina, Autism Votes North Carolina. [blogpost]
- North Dakota (?) - per news story; no further reference at this time. Listed in NCSL 2010 Legislative Session Calendar as no regular session in 2010.
Autism Votes North Dakota [blogpost]
- Ohio HB 8. ABA included under habilitative or rehabilitative care. Provider not specified. Passed House on 12/8/09; in Senate Insurance, Commerce & Labor Committee since 12/9/09.
Autism Society of Ohio, Autism Votes Ohio
- Rhode Island HB 7260. Covers ABA. Bill being held for further study; Rhode Island legislature adjourns late June. S.2422. Does not cover ABA. Instructs higher ed to evaluate increasing preparation programs for PT, OT, nursing program and financial and scholarship incentives.
Autism Votes Rhode Island [blogpost];
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. FindArticles.com. 20 May, 2010.
Thomas.gov (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
http://edocket.access.gpo.gov/2010/pdf/2010-2167.pdf
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.
On April 29, 2010, Iowa Governor Chet Culver signed into law the Standing Appropriations Bill, HF 2531, which contains an amendment specifying insurance coverage for autism spectrum disorders - including applied behavior analysis and recognizing BCBAs as approved providers for that treatment modality. The coverage in the enacted law is restricted to certain state employee group health insurance plans; the purpose is to provide a pilot to inform real implementation costs and potential future expansion to other health care plans.
Some specific language of the amendment, as stated in the House Journal for March 30, 2010 is,
"...As used in this section, unless the context otherwise requires: "Applied behavioral analysis" means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior or to prevent loss of attained skill or function, including the use of direct observation, measurement, and functional analysis of the relations between environment and behavior.
"Autism service provider" means a person, or group providing treatment of autism spectrum disorders. An autism service provider that provides treatment of autism spectrum disorders that includes applied behavioral analysis shall be certified as a behavior analyst by the behavior analyst certification board or shall be a health professional licensed under chapter 147.
"Rehabilitative care" means professional services and treatment programs, including applied behavioral analysis, provided by an autism service provider to produce socially significant improvement in human behavior or to prevent loss of attained skill or function...."
For more information
Pages 1494-1498, State of Iowa House Journal
March 30, 2010
(Text related to autism insurance coverage)
Who were the winners and losers of the 2010 Iowa Legislature?
Blog post by Jennifer Jacobs • jejacobs@dmreg.com • March 30, 2010
Autism Victory Doesn't Benefit Father Advocate
Posted: Apr 01, 2010 7:07 PM PDT
KCAU-TV, Sioux City IA
Beall’s autism bill heads to the governor: Only state employees are included in measure
By BILL SHEA, Messenger staff writer
April 2, 2010
Autism Votes Iowa
Past posts
Monday, March 29, 2010
State legislation: Iowa - Wild and wooly ride for autism insurance bill as General Assembly prepares to adjourn
© 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.
**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.
With the Iowa General Assembly scheduled to adjourn by March 31, 2010 and possibly as early as March 26,
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.) will need to be be placed on the active House calendar early in the upcoming week to have possibility of passage before adjournment. The bill history states that SF 2349 was placed on the House calendar as "unfinished business" as of March 11. On Friday, March 19, Autism Votes put out a last minute appeal to contact key House Leaders to move the bill forward.
History to date shows that after passage by the Senate on February 23, 2010 and transmission to the Iowa House, that the bill was amended on March 9 [H-8372], to include that
An autism service provider that provides treatment of autism spectrum disorders that includes applied behavioral analysis shall be certified as a behavior analyst by the behavior analyst certification board or shall be a health professional licensed under chapter 147. and on March 16, 2010 the fiscal note on the bill was posted.
For more information
Status and text of SF 2349
Iowa General Assembly
Autism Votes Iowa
Past blog post
Wednesday, February 24, 2010
State legislation - Iowa SF 2349 autism insurance bill passes the Senate; would create "Behavior Specialist" certification
© 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.
Vermont Public Radio has a listing that Vermont Senate bill,
S. 262 Insurance coverage for autism diagnosis and treatment as amended by Finance Committee recommendation is scheduled for a third reading in the Senate on Tuesday, March 23, 2010; the Senate convenes at 10 am EDT.
S.262 was introduced on January 5, 2010 in the Vermont Senate, read one time and referred to the Committee on Finance. In the bill text as introduced [pdf], "Applied behavior analysis" was defined, and applied behavior analytic services classified under the coverage category of habilitative or rehabilitative care. There was a statement of an "Autism services provider" to mean any person providing treatment of autism spectrum disorders, and S. 262 as introduced was endorsed by Autism Speaks on January 13, 2010.
Subsequent to referral to the Committee on Finance, the Committee recommended that the clauses after enactment be stricken, and the bill be amended with replacement language which effectively changes the bill from an insurance bill to an insurance study bill,
“An act relating to a study of coverage of appropriate services for children with autism spectrum disorders” [A preamble],
Sec. 2. STUDY OF COVERAGE OF APPROPRIATE SERVICES FOR CHILDREN WITH AUTISM SPECTRUM DISORDERS
(a) The department of banking, insurance, securities, and health care administration shall convene a work group to consider insurance coverage and other treatment options for children diagnosed with an autism spectrum disorder. The work group shall comprise:
(1) the commissioner of banking, insurance, securities, and health care administration or designee;
(2) the commissioner of health or designee;
(3) the commissioner of education or designee;
(4) the commissioner of mental health or designee;
(5) the commissioner for children and families or designee;
(6) the commissioner of disabilities, aging, and independent living or designee; A favorable vote on the Senate floor would be in approval of this recommended amendment.
For more information:
Vermont S. 262
Vermont legislature page at Vermont Public Radio
The State of Vermont Legislature
Autism Votes - Vermont
[current page does not reflect the recommended amendment by the Committee on Finance]
Report to the Legislature to Address Services for Individuals with Autism Spectrum Disorders
January 2008
Recommendation for specification of competencies of behavior analysis service providers referenced on page 23 , and insurance coverage referenced on pages 1,5,31, 32, 34 -34
© 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.
Reports are that Kansas Senate Substitute for HB 2160 (S Sub HB 2160), an autism insurance bill that would cover applied behavior analysis and recognize BCBAs who meet state definitions and conditions for designation as "autism specialists", passed in the Kansas Senate today. The bill is reported to have been amended on the floor of the Senate to add coverage of oral cancer drugs; however the specific language of this, or any other amendment, is not available at this time.
The Kansas Legislative website status report on S Sub HB 2160,
"03/18/2010 S committee of the whole: committee report recommending substitute bill be adopted; be amended; Substitute be passed as amended; Emergency final action: Passed as amended; Yeas 40 Nays 0" S Sub HB 2160 now moves to the Kansas House.
For further reading and reference
Autism bill advances
Coverage of oral cancer drugs also would be required
By Barbara Hollingsworth
The Topeka Capital-Journal cjonline.com
March 18, 2010 - 6:58pm
Kansas Legislature
Autism Votes Kansas
Past blog post
Wednesday, March 17, 2010
State legislation Quicktakes - KY HB 159 passes House, S Sub KS HB 2160 recommended as "be passed"
© 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.
Prefacing notes. - A previous blog post addressed other autism insurance bills bills previously introduced in the NY State legislature: S 385/A 2759, S 1175, A 3332, S 2366/A 6001, S 6123/A 6888-B.
The stated rationale for the drafting of S. 7000, per an Autism Votes FAQ for S. 7000 , is that S. 7000 represents an effort to consolidate into one bill the multiple pieces of legislation already on the bill docket which were granted hearing in October of 2009. With the introduction of S. 7000, while the other bills will remain on the docket, the comment in the FAQ is that none of them would be proceeding through the NY Senate. This blog has takes no position on the FAQs or the comments therein.
New York S.7000 : An Act to Amend the Insurance Law and the Public Health Law, in Relation to Coverage for the Screening, Diagnosis and Treatment of Autism Spectrum Disorder
Requires that individual accident and health insurance policies shall provide coverage for screening diagnosis and treatment of autism spectrum disorder. Sponsored by Senator Neil Breslin (Albany Co.) Chair of the Senate Insurance Committee, Senator Thomas Duane (Manhattan) Chair of the Senate Health Committee, and Senator Charles Fuschillo, Jr. (Nassau Co.) The bill has been referred to the Senate Insurance Committee; Autism Votes comments that a committee meeting will be held on March 22, 2010 and that a vote is projected to be taken at 11:00 am on Monday, March 22, 2010 in Room 123 in the Capitol Building
S. 7000 does not define applied behavior analysis nor are the providers or competencies addressed explicitly.
However, it does state starting on page 2,
"...Coverage for behavioral therapies required puruant to this subparagraph shall not be denied on the basis that such therapies are educational or habilitative in nature, unless such treatments are provided pursuant to an Individualized Family Service Plan [IFSP] under Section 2545 of the Public Health Law or an Individualized Education Program [IEP] under Article 89 of the Education Law. The provision of services pursuant to an Individualized Family Service Plan or an Individualized Eduation Program shall not affect coverage under the policy for sercices provided on a supplemental basis outside of an educational setting if such services are deemed medically necessary. (C) This paragraph shall not be construed to affect any obligation to provide services to an individual under an Individualized Family Service Plan under Section 2545 of the Public Health Law of an Individualized Eduation Program under Article 89 of the Education Law.
(D) Nothing in this paragraph shall be construed to prevent a policy from providing services through a network of participating providers who shall meet certain requirements for participation, including provider credentialing..." As previously stated, Autism Votes has posted a Frequently Asked Questions (FAQ) on S. 7000. While readers are encouraged to read the FAQ first hand, some of the comments in the document are that the clinical report and treatment guideline of the American Academy of Pediatrics, “ Management of Children with Autism Spectrum Disorders” which was published in October, 2007, would serve as the standard for covered treatments until treatment guidelines would be developed by the NY Division of Health, the Office of Mental Health, and the Office of Mental Retardation and Developmental Disabilities.
The American Academy of Pediatrics, District II, New York State, and the Medical society of the State of New York have issued memoranda of support for S. 7000.
For further reading
S. 7000 at Open Legislation
New York State Senate
New York State Assembly
Autism Votes New York
Myers, S.M., Plauche Johnson, C.(2007). Management of children With Autism Spectrum Disorders. Pediatrics, 120(5), 1162-1182 (doi:10.1542/peds.2007-2362)
Previous post
Tuesday, January 26, 2010
State legislation: New York - A full roster of autism insurance coverage legislation
© 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 bills in Kentucky and Kansas that propose coverage of treatments for autism spectrum disorders, including applied behavior analysis, made forward progress in their respective legislatures today
The Committee amendment for KY HB 159 was unanimously passed in the Kentucky House by a vote of 97-0 and now proceeds to the KY Senate. Passage of this bill would create a separate licensing board for Behavior Analysts in addition to the insurance coverage. See the Kentucky Legislature and past blog posts for more info on KY HB 159.
In Kansas, it was reported that an "autism insurance bill" was passed in Committee today and that this approval was also unanimous, although there is no corroborating news stories at present. It appears that the bill in question is a Senate Substitute in the nature of a reconciliation bill of the original HB 2160 and SB 554.
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. S Sub for HB 2160 has been in the Committee on Financial Institutions and Insurance in addition to SB 554. The note at the Kansas legislature is "3/16/2010 S Committee report: Substitute be passed by Financial Institutions and Insurance", and the
Anticipated End of Debate Calendar March 17, 2010 shows,
"S Sub 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.
Committee on Financial Institutions and Insurance (Financial Institutions and Insurance) (Be passed)" S sub for HB 2160 defines applied behavior analysis, and notes conditions of service provider reimbursement as follows,
Reimbursement shall be allowed only for services provided by
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.)
S Sub for HB 2160 bears similarity to SB 554 in that it would be a limited implementation of an insurance mandate restricted to the State health care benefits program, and 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 would 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 would be 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.
For further info
Kentucky
Kentucky.gov Bill Watch
Record of HB 159 at Kentucky Legislature
Kentucky Legislature
Autism Votes Kentucky
Kansas
Text of S Sub HB 2160
Fiscal note
Supplemental note on Senate Substitute for HB 2160.
Kansas Legislature
Kansas Early Autism Services
Past blog posts
Tuesday, March 16, 2010
State legislation - Kentucky HB 159/CS autism insurance and licensing of behavior analysts scheduled for House Floor on Tuesday March 16, 2010
Thursday, March 11, 2010
State legislation - Kansas SB 554, autism insurance bill anticipated for a committee vote on March 11, 2010
© 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.
There are several online resources that may be helpful to those interested in tracking autism-related legislation and implementation, and associated state conditions,
For all Federal legislation and public law, searches can be conducted by keyword or resolution number using Thomas.gov, the search engine of the Library of Congress.
In the last few days, Autism Votes, with the help of students from George Washington University Law School and the PA Department of Public Welfare for the PA FAQ, has inaugurated an FAQ webpage with information on implementation of statute in the 15 states with autism insurance reform law.
The states currently itemized in this FAQ are
- Arizona,
- Colorado
- Connecticut
- Florida
- Illinois
- Indiana
- Louisiana
- Montana
- Nevada
- New Jersey
- New Mexico
- Pennsylvania
- South Carolina
- Texas
- Wisconsin
Other Autism Votes resources already pointed out in this blog are the Autism Votes Facebook and Twitter pages
For helpful reference on state background on autism counts and services is the
State profile page at Easter Seals, which provides information on
- Demographics,
- State Task Forces & reports,
- State Insurance Coverage,
- Other State Activity,
- Education Programs and Activities
The information is current to 2009 (with availability of 2008 data), but these State Autism Profiles provide a helpful quick snapshot of what the situation is in a state.
A dynamic searchable database is the NCSL Autism Legislation Database. The database is searchable by all states, District of Columbia, and U.S. Territories, and by year under the categories of,
- Awareness
- Education
- Financing
- Health and Human Services
- Infrastructure
- Insurance
- Miscellaneous
- Professional Training
- Screening
- Task Force
A personal recommendation is that search results of interest should be cross-checked and verified against legislative websites, since the information is dependent on when the database is updated and may lag real events by a few days. Nonetheless, the NCSL database is of valuable service in giving a rapid snapshot of autism-related legislation and extends beyond questions of insurance.
(A note of appreciation and thanks to Kimberly Derk, MA, BCBA for highlighting this useful resource.)
© 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.
If you are interested in keeping in touch with bills that pertain to autism, and often have to do with the practice of behavior analysis, the main Autism Votes website is a great comprehensive site for what's going on at both state and Federal level - with autism-related legislation and developments, autism autism insurance legislation in particular. However, for fast-breaking announcements, such as committee hearings or other action alerts, two additional helpful options are the Autism Votes twitter feed , for those who enjoy "tweeting", and for slightly more detailed announcements of fast-breaking developments with autism-insurance related bill introductions and legislative meetings or hearings, the Autism Votes Facebook page. This blog will also track a variety of news items, events and legislation of interest to practicing behavior analysts, including autism legislation as it pertains to professional practice of behavior analysis, but if you as practitioner or consumer are particularly interested in keeping up to date and getting hearing and action alerts on an autism-related bill in your state that is being tracked by Autism Votes - a friendly recommendation would be to stay in touch with the above resources. © 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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