Tuesday, May 4, 2010

State legislation: Iowa autism insurance bill signed into law; ABA and BACB certificants covered

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.

Monday, May 3, 2010

State Legislation Quicktake: Connecticut H.B. 5425 passes Connecticut House, goes to Senate

On April 27, 2010, the Connecticut House passed
Substitute for Raised H.B. No. 5425 by a 126 to 14 vote and transmitted it to the Senate, where it is listed on the Senate Calendar as ready for action by that chamber with favorable reports from the House Education and Appropriations Committees.

The most current bill analysis states that among the provisions,
"Starting July 1, 2012, the bill requires school districts to use only behavior analysts licensed or certified in accordance with its requirements to provide applied behavior analysis for students with autism spectrum disorders who require the services (1) according to a special education individualized education program (IEP) or (2) under an educational plan established under section 504 of the federal Rehabilitation Act of 1973. The bill also establishes standards for people who may provide applied behavioral analysis services if the education commissioner finds there are not enough licensed or certified personnel available...*House Amendment “A” (1) specifies that a teacher or paraprofessional may implement the behavior analysis services under the supervision of a licensed or certified person;..."
The website of the Connecticut General Assembly shows the 2010 Regular Session adjourning Wednesday, May 5, 2010.

For further information
Connecticut Association for Behavior Analysis

Bill status and history for Substitute for Raised H.B. No. 5425
Session Year 2010

Bill safeguarding autistic children passes House
(Access may require registration)
Posted on 04/30/2010
By DANIELLE CAPALBO
Hour Staff Writer


Past post
Tuesday, April 20, 2010
State legislation Quicktake: Connecticut H.B. 5425 receives strong approval in Appropriations Committee and is sent to CT House

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

Sunday, May 2, 2010

State news: California - State Supreme Court denies review of District Court decision in Arce v. Kaiser Foundation Health Plan, Inc.

Prefacing note: While this report is being shared as a "news item of interest" as a public event in progress, it seems relevant at this time to state that this report is not taking an editorial position on the legal aspects or allegations of this case nor the specific claimants, nor does this constitute legal interpretation. Please see the court documents for relevant specifics.

On Wednesday, April 28, 2010, the Supreme Court of California denied a request to review a January 27, 2010 decision of the Court of Appeals of California, Second District, Division Seven in the matter of ARCE v. KAISER FOUNDATION HEALTH PLAN, INC. This decision allows the case to go forward as decided by the Court of Appeals.

One analysis of the Court of Appeals decision notes that some central questions that the case turns on are,
"...does Kaiser's health plan contract exclude from coverage Applied Behavior Analysis therapy or speech therapy for autism spectrum disorders on the grounds that such therapies are “non-health care services,” “academic or educational interventions,” or “custodial care”? Second, assuming that the therapies are excluded from coverage by the health plan contract, does the Mental Health Parity Act allow Kaiser to categorically apply such exclusions on the basis that the therapies are not health care services, or are provided by persons not licensed or certified by the state?..."

For further reading
Court of Appeal reverses trial court order sustaining demurrer to class allegations for lack of commonality
Wednesday, January 27, 2010 at 5:58PM
The Complex Litigator


All posts on Arce v. Kaiser at
Kaiser Permanente Thrive Exposed

Past blog post
Sunday, January 31, 2010
State news: California - District Court decision revives Arce v. Kaiser Foundation Health Plan, Inc.

© 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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