Showing posts with label licensure. Show all posts
Showing posts with label licensure. Show all posts

Sunday, May 23, 2010

ABAI Practice Board Sponsored Events at the 2010 ABAI Annual Convention

The descriptions below provide a brief overview of currently listed Practice Board Sponsored Events at the ABAI 36th Annual Convention, San Antonio, TX, May 28 - June 1, 2010.

For full and most current information, please consult the 2010 Annual Convention Home, and find "ABAI Practice Board Sponsored Events" under "Program Scheduling and Workshop Registration".

SATURDAY, 5/29/2010

# 103 Business Meeting
7:30 PM - 8:20 PM
217B (CC)
ABAI Practice Board Open Meeting: This Ain't Your Daddy's ABA!
Chair: Michael F. Dorsey (Endicott College)
The ABAI Practice Board Open Meeting is a forum for ABAI members to meet the members of the Practice Board and its' various committees. The organizational philosophy of the Practice Board is a “Bottoms-Up” approach to member service, soliciting from the practitioner members of ABAI what they need from ABAI to be more successful in their day-to-day professional roles. The members of the Practice Board will review for the audience the steps completed this year toward this end and will seek to gain a better understanding of additional areas of need.
# 114 ABAI Expo
8:30 PM - 11:00 PM
Exhibit Hall A (CC)
50. The ABAI Education Board
CHARLES T. MERBITZ (Chicago School of Professional Psychology)

51. The ABAI Practice Board—Meeting the Needs of Practitioners
MICHAEL WEINBERG (Orlando Behavior Health Services, LLC), Thomas L. Zane (The Center for Applied Behavior Analysis at The Sage Colleges), Jennifer R. Zarcone (University of Rochester Medical Center), Travis Thompson (University of Minnesota), R. Douglas Greer (Teachers College, Columbia University), Michael J. Dougher (University of New Mexico), Jon S. Bailey (Florida State University), Josh Pritchard (University of Nevada, Reno)

52. ABAI Practice Board: Licensure Committee–Current Status and Developments
MICHAEL F. DORSEY (Endicott College)

53. The Practice Board Governmental Affairs Committee
Eric Billington (United Health Group), Jonathan J. Tarbox (Center for Autism and Related Disorders, Inc.), Megan Guidi (Vinfen Corporation), Amy Kenzer (Center for Autism and Related Disorders, Inc.), R. WAYNE FUQUA (Western Michigan University)

54. ABAI Membership Board
PHILIP N. HINELINE (Temple University), Jay Moore (University of Wisconsin-Madison), Edward K. Morris (University of Kansas)

55. ABAI Program Board: An Overview of the Program Convention System
RAMONA HOUMANFAR (University of Nevada, Reno), Raymond C. Pitts (University of North Carolina, Wilmington)

56. ABAI Student Committee
Erick M. Dubuque (University of Nevada, Reno), Sarah M. Dunkel-Jackson (Southern Illinois University), JOSH PRITCHARD (University of Nevada, Reno)

57. ABAI's Board of Affiliated Chapters
GORDON BOURLAND (Trinity Behavioral Associates)
SUNDAY, 5/30/2010

# 261 Symposium
3:00 PM - 4:20 PM
201 (CC)
OTH; Service Delivery
ABAI Practice Board Presents a Symposium for Parents: How to Get Medical Insurance Funding for Your Child’s Applied Behavior Analysis Program
Chair: Amy Kenzer (Center for Autism and Related Disorders, Inc.)
  • History of Funding for Applied Behavior Analytic Services: Background Perspective for Parents of Children on the Autism Spectrum
    DOREEN GRANPEESHEH (Center for Autism and Related Disorders, Inc.), Michael F. Dorsey (Endicott College)
  • What Every Parent of a Child With Autism Needs to Know: Current Status of Medical Insurance Legislation Requiring Coverage for Applied Behavior Analytic Services in 15 States
    DOREEN GRANPEESHEH (Center for Autism and Related Disorders, Inc.), Jonathan J. Tarbox (Center for Autism and Related Disorders, Inc.)
  • Not All Insurance is Created Equal: Distinguishing Between Good and Bad Insurance Plans for Autism
    AMY KENZER (Center for Autism and Related Disorders, Inc.), Bryce Miler (Center for Autism and Related Disorders)
  • A Practical Tutorial for Parents on How to Get and Maintain Insurance Funding for Your Child’s Applied Behavior Analysis Program
    BRYCE MILER (Center for Autism and Related Disorders, Inc.), Doreen Granpeesheh (Center for Autism and Related Disorders, Inc.)
# 296 Symposium
4:30 PM - 5:50 PM
201 (CC)
OTH; Service Delivery
ABAI Practice Board Presents Advice for Professional Behavior Analysts: How to Access and Maintain Medical Insurance Coverage for Your Behavioral Services
Chair: Arthur E. Wilke (Center for Autism and Related Disorders, Inc.)
  • A Behavior Analyst’s Perspective on the History of Third Party Funding for Applied Behavior Analytic Services for Children With Autism
    DOREEN GRANPEESHEH (Center for Autism and Related Disorders, Inc.), Michael F. Dorsey (Endicott College)
  • Legislation Requiring Insurance Coverage for Applied Behavior Analytic Services in 15 States: What Every Behavior Analyst Should Know
    DOREEN GRANPEESHEH (Center for Autism and Related Disorders, Inc.), Jonathan J. Tarbox (Center for Autism and Related Disorders, Inc.)
  • How to Get Approved by Insurance Companies Who Fund Behavioral Services: Practical Advice for Behavior Analysts
    BRYCE MILER (Center for Autism and Related Disorders, Inc.)
  • Navigating the Maze of Billing Medical Insurance for Behavioral Services
    DENNIS DIXON (Center for Autism and Related Disorders, Inc.), Bryce Miler (Center for Autism and Related Disorders, Inc.)
MONDAY, 5/31/2010

# 453 Panel Discussion
3:00 PM - 4:20 PM
Seguin (Grand Hyatt)
CSE; Service Delivery
BACB CE Offered. CE Instructor: Michael Weinberg, Ph.D., BCBA
Behavior Analyst Licensure: Current Status in States With Licensure Laws
Chair: Michael Weinberg (Orlando Behavior Health Services, LLC)
KIMBERLY NIX BERENS (Center for Advanced Learning, Inc.)
JIM BOUDER (The Vista School)
MICHAEL F. DORSEY (Endicott College)
JOHN SCIBAK (Massachusetts House of Representatives; The Vice-Chair of the Joint Committee on Economic Development and Emerging Technologies and the Co-Chair of the Oral Health Legislative Caucus)
MICHAEL WEINBERG (Orlando Behavior Health Services, LLC)

© 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.
Posted by Megan at 2:00 AM
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Sunday, May 16, 2010

Legislation - Roundup of licensing, autism insurance and other state and Federal bills and statute of interest

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.
Autism insurance legislation - active at the time of this post (green on map)
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.
Posted by Megan at 12:36 AM
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Wednesday, May 12, 2010

State legislation : Missouri legislature passes Conference Committee Substitute for HB 1311&1341 autism insurance bill; Governor Nixon expected to sign

Update, 5/12/10, 6:20PM PDT -  The Missouri Senate newsroom reports that the licensing provisions for Behavior Analysts have been retained in the final passed bill,
"In addition, a state Behavior Analyst Advisory Board is established under the State Committee of Psychologists within the Division of Professional Registration. The new board is charged with establishing and overseeing licensure and registration requirements for behavior analysts and assistant behavior analysts who provide therapies for children with autism spectrum disorders."
On Tuesday, May 11, 2010 a joint House-Senate conference committee of the Missouri Legislature drafted a Committee Substitute for the Senate Committee Substitute for House Committee Substitute for House Bill Nos. 1311 & 1341 .

On Wednesday, May 12, 2010 this Conference Committee Substitute was adopted and passed by both the House (144-16) and the Senate (27-6) of the Missouri Legislature.

News stories report that the coverage for autism spectrum disorders is $40,000/year for ABA up to age age 18, but the full and exact language of the Conference Committee Substitute, or whether any changes were made to the licensing conditions for Behavior Analysts is unavailable at this time. It is expected that Missouri Governor Jay Nixon will sign the passed legislation.

For further reading
Legislature sends autism insurance bill to governor
By Virginia Young
Post-Dispatch Jefferson City Bureau
05.12.2010 1:12 pm

Autism insurance mandate passes Mo. Legislature
May 12, 2010
Insurancenews.net

General Assembly Endorses Autism Insurance Coverage
FOR IMMEDIATE RELEASE:    
May 12, 2010
Missouri Senate newsroom
 
Autism insurance mandate passes Mo. Legislature
By: The Associated Press | 12 May 2010 | 01:02 PM ET

Autism Votes Missouri

Past posts
Monday, May 10, 2010
State legislation: Missouri takes the autism insurance bills down to the wire as General Assembly eyes May 14, 2010 adjournment; both insurance bills now contain language for licensing of Behavior Analysts

© 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.
Posted by Megan at 1:04 PM
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Monday, May 10, 2010

State legislation: Missouri takes the autism insurance bills down to the wire as General Assembly eyes May 14, 2010 adjournment; both insurance bills now contain language for licensing of Behavior Analysts

Although Missouri was one of the first state legislatures to forward autism insurance legislation in this session, with the support of Governor Jay Nixon and the stated support of the Speaker of the Missouri House - as a Friday, May 14, 2010 adjournment for the General Assembly approaches it may come down to the wire whether one of the bills passes. One news story reported that the Senate President Pro Tem was optimistic that an autism insurance bills would pass before the week ends.


The bill with potentially the highest probability of passage is,
the Senate Committee Substitute for HB 1311 & 1341, which was listed on the House Calendar under the heading of
BILLS CARRYING REQUEST MESSAGES
SCS HCS HB 1311 & 1341, (request Senate recede/grant conference) -- Handler: Scharnhorst (093)
          Title:AUTISM SPECTRUM DISORDER COVERAGE
In lay terms, the House refuses to concur with the passed Senate version and requests that the Senate recede from that version or, failing to do so, to grant the House a conference. **As of 6:00PM PDT, May 10, 2010 the Senate refused to recede and a Conference has been granted.**

The related,
Senate bill, SS/SB 618 Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions
was passed on March 18, 2010 in the Senate and sent to the House where it received relatively little action until the end of April. At the current time, SS/SB 618 has been reported with a Do Pass with
House Committee Substitute,  but is not showing on the House Calendar.

One of the clauses of the House Committee Substitute for SS/SB 618 was to change the reimbursement condition in the perfected Senate version from reimbursement for Board Certified Behavior Analysts to reimbursement for licensed practitioners and to include language specifying establishment of a Board and other relevant details.

At this point, both SS/S 618 and HB 1311& 1341 both have clauses for the,

Establishment of the Behavior Analyst Advisory Board under the State Committee of Psychologists within the Department of Insurance, Financial Institutions and Professional Registration to establish licensure and registration requirements for behavior analysts, assistance behavior analysts, and line therapists who provide applied behavior analysis therapies for children with autism spectrum disorders. The board shall consist of the following 7 members:
1) 3 licensed behavior analysts;
2) 1 licensed behavior analyst holding a doctoral degree;
3) 1 licensed assistant behavior analyst;
4) 1 professional member of the committee; and
5) 1 public member., 
and defines function, duties and conditions of licensing.
As stated in the summary of the House Committee Substitute sumamary, "the licensing provisions are similar to those contained in the perfected version of HB 1311 and 1341 (2010)."

These clauses mirror the language of the now defunct SB 1030, which was a standalone licensing bill.

For more information
Missouri General Assembly

Missouri Association for Behavior Analysis/MOABA

Autism Votes - Missouri


Tax credits among battles in Legislature’s final week
BY TONY MESSENGER
ST. LOUIS POST-DISPATCH
05/10/2010

Past posts

Friday, April 9, 2010
State legislation: Missouri - Compromise requested on SS/SB 618 autism insurance bill; licensing highlighted as pivotal issue


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.
Posted by Megan at 7:11 PM
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Friday, April 23, 2010

State legislation: Wisconsin - SB 667 which allows behavior analyst reimbursement for autism treatment and creates license passes legislature and goes to the Governor

On Wednesday, April 21, 2010 the Wisconsin State Legislature after a rapid fire turnaround passed,
 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.

From the Analysis by the Legislative Reference Bureau
"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.

For more information
Kenosha County heavily vested in various new laws, proposals
BY JOE POTENTE Kenosha News
April 21, 2010 | 11:39 p.m.

Past blog post
Friday, April 16, 2010
State legislation: Wisconsin - AB 789 would allow reimbursement for autism services by behavior analysts and create a behavior analyst license

© 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.
Posted by Megan at 4:48 PM
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Friday, April 16, 2010

State legislation: Wisconsin - AB 789 would allow reimbursement for autism services by behavior analysts and create a behavior analyst license

Wisconsin currently has an amended substitute bill that was reported on April 14, 2010 from the Assembly Committee on Insurance with a do pass recommendation sent to the Committee on Rules, and is currently listed as "made a special order of business at 11:13 A.M. on (Tuesday) April 20, 2010 persuant to Assembly Resolution 23".
ASSEMBLY BILL 789: An Act to amend 632.895 (12m) (b) 4.; and to create 632.895 (12m) (b) 3m. of the statutes; relating to: insurance coverage of the services of behavior analysts for autism treatment.
Analysis by the legislative reference bureau of the introduced bill,
"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: a psychiatrist; a psychologist; a social worker who is certified or licensed to practice psychotherapy; a paraprofessional working under the supervision of any of those three types of providers; a professional working under the supervision of an outpatient mental health clinic; a speech-language pathologist; or an occupational therapist. 
This bill provides that the coverage must also apply to services provided by a behavior analyst, excluding an assistant behavior analyst, who is certified to practice behavior analysis by the Behavior Analyst Certification Board, Inc., 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 bill history shows that AB 789 was introduced on March 3, 2010, with the public hearing held March 11, 2010. An offered substitute and amendments to the substitute extends insurance coverage to Marriage and Family Therapists and Professional Counselors who meet specifications, and upgrades the certification requirement for Behavior Analysts to a licensing requirement. This license would be granted by the Wisconsin Department of Regulation and Licensing and specifies the certification of the Behavior Analyst Certification Board (BACB) (excluding Board Certified Assistant Behavior Analysts (BCaBAs)). Among the stipulations would be: prohibition of rules requiring additional coursework conditions beyond those required for BACB certification, prohibition of requiring a licensed behavior analyst to practice behavior analysis under the supervision of, or in collaboration with, another health care provider.  An advisory group could be appointed to advise the Department of Regulation and Licensing on matters relating to the regulation of behavior analysts. Other prohibitions, conditions and regulation of practice are described in the full bill text and amendments.

For more information
History and text page of AB 789

Wisconsin Legislative Council Amendment Memo
Summary of AB 789 with substitute and amendments
Current as of 4/14/10

Wisconsin State Legislature

Wisconsin legislative notification system (bill tracking)

Past post
Thursday, March 11, 2010
State news: Wisconsin - Office of the Commissioner of Insurance Autism Treatment Working Group hammers out details of insurance implementation

© 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.
Posted by Megan at 5:51 PM
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Thursday, April 15, 2010

State legislation Quicktake: Kentucky - Governor Beshear signs autism insurance law which also creates Kentucky Applied Behavior Analysis Licensure Board

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.
Posted by Megan at 1:28 AM
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Friday, April 9, 2010

State legislation: Missouri - Compromise requested on SS/SB 618 autism insurance bill; licensing highlighted as pivotal issue

In the Tuesday April 6, 2010 hearing on SS/SB 618/ the autism insurance bill currently in the House Special Standing Committee on Health Insurance, insurance industry representatives requested that the Senate bill as it stands be rejected in preference to House bill HB 1311&1341, which has a lower age and annual treatment cap. HB 1311&1341 would also establish a licensing requirement for supervision of applied behavior analysis service delivery and practice of applied behavior analysis, which the Senate bill does not contain. The Committee did not take action on SS/SB 618 on Tuesday, although compromises were discussed.

From the Missourian news article, in reference to concerns about lack of a licensing provision,
"David Smith, a lobbyist for Anthem Blue Cross and Blue Shield, also opposed the Senate bill and expressed concerns about its lack of licensing requirements for therapists.

'There needs to be a background check, at least,' Smith said. 'These people are part of the day-to-day operation in the lives of those kids.'

Qualms regarding licensing and training regulations resurfaced later in the hearing, when the government affairs director for the insurance company Coventry Health Care, Cheryl Dillard, testified against the bill.

'Many of (the therapists) will be alone with very vulnerable children,' Dillard said. 'Licensing is terribly important.' "
Unstated in the news article, although covered by this blog, is that Missouri currently has a separate licensing bill submitted in the 2010 legislature which would license the profession of applied behavior analysis,
SB 1030: AN ACT  To amend chapter 337, RSMo, by adding thereto ten new sections relating to the licensure of the profession of applied behavior analysis, with penalty provisions.
SB 1030 has had no movement since its assignment on March 4, 2010 to the Senate Financial and Governmental Organizations and Elections Committee

For more reading
Missouri House committee looks for compromise with Senate autism bill
Wednesday, April 7, 2010 | 12:01 a.m. CDT
Missourian

Past blog posts
Sunday, April 4, 2010
State legislation: Missouri - SS/SB 618 autism insurance bill scheduled for House Committee hearing on Tuesday, April 6, 2010; HB 1311 & 1341, and SB 1030 in holding pattern

Saturday, March 13, 2010
State legislation - Missouri SB 1030 - Creates the Behavior Analyst Advisory Board and requires licensing to engage in applied behavior analysis

© 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.
Posted by Megan at 3:56 PM
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Sunday, April 4, 2010

State legislation: Missouri - SS/SB 618 autism insurance bill scheduled for House Committee hearing on Tuesday, April 6, 2010; HB 1311 & 1341, and SB 1030 in holding pattern

Missouri SS/SB 618 Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions,
is currently scheduled for a hearing in the House Special Standing Committee on Health Insurance, at 1:30PM, Tuesday, April 6, 2010 in Hearing Room 5.

Missouri SS/SB 618 passed the Senate by a 26 to 6 vote on March 18, 2010.

The related House bill, HB 1311 & 1341 , which passed the Missouri House by a 135-18 vote on February 18, 2010 had its 2nd reading in the Senate and is currently in the Senate Small Business, Insurance & Industry Committee. No hearing date nor calendar schedule has been set as of today.

The non-insurance bill SB 1030, which would establish a license to engage in the practice of applied behavior analysis, administered under the Board of Psychologist Examiners, was assigned to Senate Financial and Governmental Organizations and Elections Committee and also does not show a hearing scheduled at this time.

For more information
Missouri Legislature

Past posts
Friday, March 19, 2010
State legislation: Missouri SS/SB 618 passes Senate & HCS HB 1311&1341 also progresses in the Missouri legislature

Saturday, March 13, 2010
State legislation - Missouri SB 1030 - Creates the Behavior Analyst Advisory Board and requires licensing to engage in applied behavior analysis

© 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.
Posted by Megan at 5:56 PM
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Saturday, April 3, 2010

State legislation: Kentucky - HB 159/HCS licensing behavior analysts and creating autism insurance coverage passes legislature on April 1, 2010, headed for Governor's signature

As anticipated, Kentucky bill HB 159/HCS passed with no obstacle and unanimous passage on April 1, 2010 in the state Senate and now proceeds to Governor Beshear for signing into law. It would take effect January 1, 2011.

KY HB 159/HCS establishes the titles of Licensed behavior analyst and Licensed assistant behavior analyst; regulates and defines the scope and practice of applied behavior analysis; creates the Kentucky Applied Behavior Analysis Licensing Board as an agency of state government, and articulates the initial set-up, collection of fees, composition, duties, powers, terms of office and operations of the licensing board.

For the purposes of this license as specified, the requirements of the Behavior Analyst Certification Board, including coursework, supervision, and maintenance of certification status are stated to meet the licensing requirement. A person under supervision to complete the experience requirement for BACB certification is allowed a temporary license for that purpose. Other sections and clauses relate to application, renewal, ethical practices, complaint, penalties, fines and reinstatement of license.

In relation to reciprocity, the Board would have the power to issue a license to a person in good standing who holds a valid license or certificate from another state and meets the requirements of license in Kentucky.

The passed bill also contains a section relates to informed client consent and confidentiality when telehealth is used or facilitated by a treating Licensed Behavior Analysts or Licensed assistant behavior analysts; "telehealth" meaning the use of interactive audio, video, or other electronic media to deliver health care, including the use of electronic media for diagnosis, consultation, treatment, transfer of health or medical data, and continuing education. The Board would be responsible for developing regulations relating to fraud prevention and ethical use by Licensees utilizing telehealth.

The other major matter addressed in the bill is provision of health insurance coverage to those diagnosed with autism under treatment prescribed by a physician ; the coverage under large group plans (greater than 50 employees) being $50,000/year/ child age 1 through the 7th birthday, and thereafter, $1000/month through age 21. Applied behavior analysis would be covered under the category of "habilitative or rehabilitative care" and is also specified separately in the bill as prescribed or ordered by a licensed health or allied health professional.

Health benefit plans in the individual and small group market have a reduced benefit, with stated coverage of $1000 maximum per month.

Other sections and clauses provide definition and scope of coverage for state employee insurance, including, but not restricted to autism services.

For further reading

Autism bill puts Kentucky at forefront
Sunday, Apr. 04, 2010
By Beth Musgrave - bmusgrave@herald-leader.com

Ky. bill requires coverage for autism services
Bloomberg.com Business Week
April 2, 2010

Autism Votes Kentucky

Past post
Friday, March 26, 2010
State legislation Quicktake: Kentucky HB 159 set to go to the Kentucky Senate for vote as early as March 29, 2010; Projections are for passage

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
Posted by Megan at 3:54 AM
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Friday, March 26, 2010

State legislation Quicktake: Kentucky HB 159 set to go to the Kentucky Senate for vote as early as March 29, 2010; Projections are for passage

The Kentucky State Senate appears poised to pass as early as Monday, KY HB 159, a bill that would both provide coverage for applied behavior analysis for Kentucky children with autism and, in a recent version, establish a license and licensing board for Behavior Analysts. Autism Votes earlier today announced that HB 159 had passed unanimously in the Senate Licensing and Occupations Committee, and a news story followed up that the bill is on the Senate Consent Calendar,
"...The Senate Licensing and Occupations Committee approved HB 159 and placed it on the consent calendar — a spot reserved for legislation without opposition that is likely to pass with no discussion.

“We’re going to pass it,” [Senate President David] Williams said.

[Rep. Jeff] Greer said he was pleased that the bill could win final approval as early as Monday. “It’s going to change children’s lives — no doubt about it,” he said..."
The Kentucky Legislative calendar does not have specific bills posted but does show business being conducted in the Senate on Monday, March 29, 2010 commencing at 12:00 Noon EDT.

HB 159 previously passed by  unanimous vote in the Kentucky House on March 16, 2010, so voting in the Senate would determine whether the bill would go to the Kentucky Governor for signature into law.

For more information
House backs new rules for KACo, League of Cities
By Joseph Gerth • and Deborah Yetter • March 26, 2010

Past blog post
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

© 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.
Posted by Megan at 6:39 PM
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Thursday, March 25, 2010

State legislation: Massachusetts - HB 181 & S. 47 would license practitioners of applied behavior analysis

The General Court of the State of Massachusetts is currently entertaining two licensing measures which would regulate practitioners and the practice of applied behavior analysis within the state.

H.B. 181 and S.B. 47, would impose criminal penalties on anyone practicing ABA without a license. These bills establish two levels of practitioner, at the doctorate and master’s levels, and define the scope of practice of ABA to include conducting ABA-based therapy, as well as planning and supervision services. Bill Histories show that both H.B.181 and S.47 are currently in the Joint Committee on Consumer Protection and Professional Licensure

H.B. 181: An Act relative to the licensure of applied behavior analysts.
and
S. 47: An Act relative to the licensure of applied behavior analysts.
would create the professional titles of,
  • “Licensed Independent Applied Behavior Analyst (LIABA)”, an individual who by training and experience meets the requirements for licensing by the board and is duly licensed to practice independent applied behavior analysis., and
  • "Licensed Applied Behavior Analyst (LABA)", an individual who by training and experience meets the requirements for licensing by the board and is duly licensed to practice applied behavior analysis.
as well as create a nine member separate professional licensing board - seven members to be drawn from the Licensed Applied Behavior Analysts of both levels and two members would be selected as representatives of the public.

Both bills describe in some detail the proposed operations, powers and duties of the licensing board, defines the scope of practice of applied behavior analysis, the qualifications and requirements of those applying for a license - which initially includes receipt of certification by the Behavior Analyst Certification Board, supervision competencies, responsibility to clients and colleagues, safeguards and penalties.

The bills state that the measures would not prevent specified members of other professions from doing work of an applied behavior analytic nature consistent with standards of their professions, but that they cannot present themselves to the public implying that they are applied behavior analysts or are licensed to practice applied behavior analysis.

In relation to special education the Massachusetts Department of Education would develop standards and implement policy necessary to include the profession of applied behavior analysis as a "related service provider".

For more information
General Court of the Commonwealth of Massachusetts

© 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.
Posted by Megan at 3:00 AM
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Wednesday, March 17, 2010

State legislation Quicktakes - KY HB 159 passes House, S Sub KS HB 2160 recommended as "be passed"

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.
Posted by Megan at 4:01 AM
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