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HealthReform.gov, managed by the U.S. Department of Health & Human Services, is online to answer consumer and stakeholder questions about the Patient Protection and Affordable Care Act - H.R. 3590, signed into law by President Obama on March 23, 2010; now Public Law No: 111-148 (text of P.L. not yet posted at the Government Printing Office).
Besides answers to FAQs, there is also a map to check status reports on health reform implementation in each U.S. state, and the Health Reform Blog with a variety of posts by officials and administrators in the federal government on how the Patient Protection and Affordable Care Act will proceed on such as state management of high risk pools, as well as corrections or explanations of items in the press .
There is also a weekly live web chat to answer questions and address various aspects of the law. Past chats are also archived for any unable to make the live chat.
"This Thursday, May 20, 2010 1PM EDT, the web chat topic is how the Affordable Care Act will benefit Americans with disabilities. Submit questions for the chat to healthreform@hhs.gov. You can watch the web chat live at: http://www.hhs.gov/live.
Do you have a disability or have someone close to you who does? Do you wonder if and how the Affordable Care Act can really help you? We'll be taking your questions about how the Affordable Care Act will benefit people with disabilities, or those with loved ones affected by a disability. Join our WebChat this upcoming Thursday, May 20, at 1:00 P.M EDT at www.hhs.gov/live.
Henry Claypool, the Director of the Office of Disability at HHS, Jeffrey Crowley, Senior Advisor on Disability Policy at the White House and Meena Seshamani, Deputy Director in the Office of Health Reform at HHS will discuss and answer YOUR questions about how the Affordable Care Act will help those who have a disability. Send your questions to healthreform@hhs.gov and we'll answer as many as possible during Chat. We will also take questions live from twitter using our handle @HHSGOV.
This week's show is the eighth in the Affordable Care Act WebChat series. Tune in each week as we continue to talk about different aspects of the new health reform bill so that you, your family and friends can stay informed. You can find previous WebChats on healthreform.gov and browse the site to find all the latest information available from HHS on the new law. Thanks for participating, and stay tuned to get your questions answered." For further reading or reference
HealthReform.gov
H.R. 3590
Certified by Superintendent of Documents
United States Government Printing Office
Past blog post
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.
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.
Autism Votes reports that Maine Governor John Baldacci signed LD 1198 into law on April 12, 2010. The bill was passed by the legislature on April 7, 2010.
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.
For more information
Autism Votes Maine
Past posts
Wednesday, March 3, 2010
State legislation - Maine SP 446/LD 1198 passes with amendment in Committee; changes result in mixed feelings by advocates
© 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 Monday, April 19, 2010 Kansas Governor Mark Parkinson signed the
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
- or an intensive individual service provider, [individuals who work under the direction of an autism specialist]
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. For further reference:
Kansas Legislature
SESSION OF 2010
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR HOUSE BILL NO. 2160
As Amended by Senate Committee of the Whole
[Summary of the bill and history]
04.19.10 : Governor signs legislation to insure Kansas children with autism
Office of the Governor of the State of Kansas
Governor signs autism bill
By MATTHEW CLARK
The Morning Sun
Posted Apr 19, 2010 @ 11:42 PM
Kansas Legislature Approves Pilot Program Mandating Autism Insurance Coverage
Elana Gordon (2010-04-02) KCUR-FM
Past blog posts
Saturday, March 27, 2010
State legislation Quicktake: Kansas S. Sub. for HB 2160 autism insurance bill put into Conference Committee
© 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.
News reports and the press release from Kentucky Governor Steve Beshear's Office has announced that on April 14, 2010 Governor Beshear signed into law HB 159 which will increase the amount of coverage health insurers must provide for autism spectrum disorders to insured individuals in large and small group plans, as well as the state employee health benefit plan. The bill passed unanimously by the Kentucky Senate on its 3rd reading April 1, 2010.
The new law, which goes into effect January 1, 2011, will also creates the Kentucky Applied Behavior Analysis Licensure Board for practitioners of applied behavior analysis.
For further reading
Gov. Beshear signs expanded autism health insurance coverage legislation
Governor Steve Beshear's Communications Office
Press Release Date: Wednesday, April 14, 2010
Gov. Signs Autism Coverage Bill
kypost.com
Web Produced: Jessica Noll
Email: Jessica.Noll@kypost.com
Last Update: 4/14 7:25 pm
Text and history of HB 159
Past posts
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
© 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.
An amended reconciliation bill H.R. 4872 passed in the U.S. House Thursday night, March 25, 2010 by a vote of 220 to 207 on the motion to concur with the Senate amendments after its return from the Senate earlier in the day. In the Senate, the vote was 56 to 42. The vote split approximately down political party lines, with Republicans in both chambers unanimously opposed.
H.R. 4872 now goes to the President for signature for implementation into law. The companion bill, which H.R. 4872 amends, H.R. 3950, was signed into law on Tuesday, March 23, 2010.
National Public Radio reports that the first task resulting from the new laws would be establishment of a federally funded "high-risk pool" program to cover those turned down for preexisting conditions by private insurance. Currently the law would call for 90 days to do so. NPR also describes some of the related details.
Among some of the questions still circulating is the cost of the laws.
The Congressional Budget Office (CBO) recently issued reports of their assessment and analysis of national costs/benefits of health care (and education) reform specific to this legislation (H.R. 4872 & H.R. 3950).
More media stories
It’s Done: House Passes Reconciliation Bill
By DAVID M. HERSZENHORN
March 25, 2010, 10:39 pm
NYTimes Prescriptions blog
Roll Call: House vote on second health care bill
Washington Post/Associated Press
The Associated Press
Thursday, March 25, 2010; 9:41 PM
The Health Law's First Test: Extending Coverage
by Mary Agnes Carey
National Public Radio
March 26, 2010
Past blog posts
Thursday, March 25, 2010
Federal legislation: Procedural technicalities will send H.R. 4872 reconciliation bill back to the U.S. House for final approval
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.
The Autism Speaks blog has put up a post in which they identify what is seen as the outcome from the passage of S. 3590 and the potential passage of H.R. 4872.
Health Care Reform: What does it mean for the Autism community? While the post is posed in general terms, there are comments related to those plans under the Employee Retirement Income Security Act of 1974 (ERISA) not being required to provide the essential benefits package requiring "behavioral health", and what they see as benefits and effects on state mandates.
- Will health care reform directly benefit the autism community?
- Does it apply to all insurers?
- How does health care reform impact the state autism insurance reform effort?
The short version is that passage of the Federal health care reform, while projected as a positive outcome for the country as a whole, is not a universal solution to the coverage and reimbursement problems currently facing families with a child who has an autism diagnosis, and that Autism Speaks' assessment is that obtaining uniform coverage providing behavior analytic treatment for those with an autism diagnosis will require continuing advocacy and legislation at both Federal and State levels. That blog also welcomes comments and questions.
Related posts
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
Tuesday, December 22, 2009
FYI: Self-funded Health Insurance Plans and ERISA
© 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.
Live video stream March 23, 2010 11:15 AM EDT (8:15 AM PDT) President Obama Signs the Health Insurance Reform Bill 27:07 minutes The White House
Related posts
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 Sunday, March 21, 2010 the U.S. House of Representatives passed by a vote of 219 to 212,
H.R. 3590 Patient Protection and Affordable Care Act which is the Senate version of health care reform that was originally passed by the Senate on December 24, 2009. H.R. 3590 is scheduled to be signed into law by President Obama on March 23, 2010 at 11:15 AM EDT.
Within minutes of the passage of H.R. 3590, the House also passed by a vote of 220 to 211 a reconciliation bill,
H.R. 4872, Reconciliation Act of 2010 which encompasses amendments to H.R. 3590 proposed by the House. The U.S. Senate still has to deliberate and approve H.R. 4872; it is required to commence those deliberations after H.R. 3590 is enacted into law by the President's signature, to allot at least 20 hours of debate to the matter, and due to technicalities the reconciliation bill requires only a simple majority for passage. The Senate calendar shows deliberation on H.R. 4872 commencing Tuesday, March 23, 2010 at 2:15PM EDT, although it is possible that could change.
H.R. 3590 does include a behavioral health provision for mental health and substance abuse treatment, however behavior analysts are not listed among those providers explicitly identified for reimbursement as part of a treatment team. It has also been noted by Autism Votes that the behavioral health clauses as enacted do not have sufficient reach to benefit more than a relative minority of families seeking ABA services, since this coverage is not required for all plans excepting,
(1) plans offered by state-based exchanges, through which individuals and small businesses can purchase coverage; and
(2) plans offered in the individual and small group markets outside the exchange.
The Arc struck a more optimistic note in changes that it sees as improvements in coverages, benefits and Long-Term Supports for those with developmental disabilities.
The reconciliation act, H.R. 4872 makes additional specification for covered professionals, under,
TITLE K--PROMOTING PRIMARY CARE, MENTAL HEALTH SERVICES, AND COORDINATED CARE
Sec. 1308. Coverage of marriage and family therapist services and mental health counselor services.
National Public Radio has produced a report outlining what would be "immediate" impacts vs. those which would be coming online in several years time, such as the 2014 requirement for all the requirement that all Americans acquire health insurance or face a fine. Another NPR story describes potential state Attorney General challenges to the legislation on the grounds that penalties for not having individual coverage and state requirements under the mandate are unconstitutional.
News reports and analysis will undoubtedly continue over the coming days clarifying the relative strengths and weaknesses of the enacted legislation, with some dependency on the outcome of the Senate actions yet to occur on H.R. 4872.
News and reports of interest
Obama to sign health care reform into law, then promote it on the road
CNN
March 23, 2010 -- Updated 0736 GMT (1536 HKT)
After Obama signs health care reform bill, why mess with reconciliation?
The Christian Science Monitor
March 23, 2010
States Opposed To Insurance Mandate Prepare Lawsuits
Scott Hensley
National Public Radio health Blog
March 22, 2010 3:15PM
The Arc Applauds House Passage of Health Care Reform Legislation
3/22/2010
Washington, D.C. (March 22, 2010) - Press Release
Describes changes that The Arc sees as positive in coverages, benefits and Long-Term Services and Supports for those with developmental disabilities
U.S. House Passes Health Care Reform Bill Containing Provision For Autism Insurance Reform
Autism Votes
Autism Votes describes coverage gaps for those with autism, even given some behavioral health coverage in the legislation and the need to continue advocacy at the state and Federal level.
What Are The Immediate Effects Of Health Bill Passing?
Julie Appleby and Kate Steadman
March 21, 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.
Below is a press release from the U.S. Department of Justice announcing a request for a preliminary injunction against the Conway Human Development Center in Conway, AR. The filing, besides its own stated merits, provides a case study on several grounds: the nature of the points made in the DOJ's filing and prior discovery; the background of lack of appropriate training in and application of behavioral assessment and intervention for both behavior management and re/habilitative purposes; allegations of violation of FAPE/IDEA; what constitutes appropriate standards of care and ethical professional practice; the discussion of Federal statute and prior case law in application of certain techniques, monitoring and community-based care. Links in this post were added to press release text to simplify access to primary documents referenced.
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" Department of Justice
Office of Public Affairs FOR IMMEDIATE RELEASE Tuesday, March 9, 2010 Justice Department Files for Immediate Relief Regarding Conditions at Conway Human Development Center, in Conway, Arkansas
The Justice Department today asked the Federal District Court for the Eastern District of Arkansas to take immediate action to prevent children from being admitted to the Conway Human Development Center(CHDC) in Conway, Ark. The department’s motion for preliminary injunction aims to prevent the segregation of children with developmental disabilities in dangerous conditions and to address accusations of imminent and serious threats to the safety of the facility’s more than 500 current residents.
In January 2009, the Justice Department filed a complaint against the State of Arkansas to enforce the federal requirement that individuals with disabilities be served in the most integrated settings appropriate, and to remedy unconstitutional conditions at CHDC. Information collected through discovery since the filing of the complaint has led the department to conclude that residents face increasing and grave risk of harm with each day that deficiencies are ignored, and that Arkansas fails to serve individuals in the most integrated setting appropriate to the residents’ needs.
The United States has concluded that children at the facility are particularly vulnerable given allegations that CHDC residents are subjected to dangerous medication mismanagement and harmful, unnecessary restraints. In recent years, at least three CHDC residents have died, suffered possible permanent organ damage or been at risk of hemorrhaging to death because of psychotropic medication mismanagement. CHDC also continues to utilize 41 different forms of mechanical restraints on both children and adults, including straitjackets, restraint chairs and papoose boards - practices that have been largely barred from other facilities for years.
"The State has a responsibility to ensure the safety of individuals who reside in state-run facilities, and we must act swiftly when the state does not live up to that responsibility," said Thomas E. Perez, Assistant Attorney General in charge of the Civil Rights Division. "Individuals with developmental disabilities have the right to live in the most integrated setting appropriate to their needs, and states must take swift action to ensure that all individuals are accorded these basic rights." In addition to barring inappropriate restraints and requiring safeguards to prevent dangerous medication practices, the motion seeks to require that the state remove barriers to the provision of supports and services in the community, so that individuals with disabilities, including the approximately 50 children at CHDC, are not forced to choose between an unsafe institution and the denial of necessary services in a more integrated setting.
Between June 1, 2007, and Oct. 1, 2009, a CHDC resident was more likely to die than be discharged to a more integrated setting. On average, CHDC residents die at the age of 46.5 years, compared with the average age of 72 years for other individuals with developmental disabilities living in institutional settings. The number of individuals with developmental disabilities who are waiting to receive community-based services is on the rise in Arkansas, with over 1,300 currently waiting to receive services through the Centers for Medicaid and Medicare Services Alternative Community Services waiver program, with an average wait time of approximately two and a half years.
The Civil Rights Division is authorized to conduct investigations under the Civil Rights of Institutionalized Persons Act (CRIPA) and the Americans with Disabilities Act of 1990 (ADA). CRIPA authorizes the Attorney General to investigate conditions of confinement in certain institutions owned or operated by, or on behalf of, state and local governments. In addition to residential facilities serving persons with developmental disabilities, these institutions include psychiatric hospitals, nursing homes, jails, prisons and juvenile correctional facilities. The ADA authorizes the Attorney General to investigate whether a state is serving individuals in the most integrated settings appropriate to their needs. Please visit http://www.justice.gov/crt to learn more about CRIPA, the ADA and other laws enforced by the Justice Department’s Civil Rights Division. 10-242 Attorney General"
----------------------------- For reference, further reading
Selected briefs
Civil Rights of Institutionalized Persons Act Briefs
Developmental Disability and Mental Retardation Facilities Complaints - United States v. State of Arkansas (Conway Human Development Center)
United States v. State of Arkansas; The Honorable Mike Beebe; John M. Selig; James C. Green, Ph.D.; Calvin Price
Centers for Medicare & Medicaid Services U.S. Department of Health and Human Services
© 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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