LEG. NEWS: Missouri autism insurance bills progress in General Assembly with amendments

On Wednesday, February 3, 2010 two autism insurance bills moved another step forward within the Missouri General Assembly, although both were subject to amendment reducing the amount of annual coverage, with the Senate bill allowing "foreign" health insurance carriers of certain named states to provide health insurance within Missouri with exemption from the mandate. Both bills retained previously included clauses on provision of applied behavior analysis within specified policies, and that BACB certified Board Certified Behavior Analysts were appropriate to supervise delivery of applied behavior analysis, and would meet approval as a provider under the bills. Some concern was voiced on the inability to include Mo Healthnet-Medicaid in the autism insurance legislation.

S.B. 618: Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions.
Deliberation on the Senate floor took two days. A Senate Substitute was offered, amended several times and passed, adopted and perfected as SS/SB 618. The most significant change is that the cap amount has been reduced.

H.B. 1311: Requires health carriers issuing or renewing a health benefit plan to provide coverage for the diagnosis and treatment of autism spectrum disorders
 The progress of HB 1311 was delayed relative to SB 618 SS/SB 618.  It has been reported that H.1311 passed with amendment in an Executive Session of the Special Standing Committee on Insurance today. The legislative website shows that H.B 1311 and H.B. 1341, another autism insurance bill, were referred to Rules - Pursuant to Rule 25(32)(f) (H) , with H.B. 1311 accepted as a substitute for H.B 1341.
At the time of this post no summary copy of the amended H.B. 1311 is available, but media reports state that amendments to H.B. 1311 have substantially reduced the annual coverage requested in the original bill and use a tiered diffential coverage for children <10 years, and 10-21 years. No report was made of whether the BCBA supervisor clause has been changed. H.B. 1311 may come to the floor of the Missouri House for debate as early as next week.

For specfic details and most accurate information on the content of this legislation as it progresses through the Missouri Assembly, the reader is referred to the Missouri General Assembly.

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For more information/Media reports

Autism Votes - Missouri

Missouri General Assembly

Legislators narrow gap on autism bills
Virginia Young
ST. LOUIS POST-DISPATCH
02/04/2010

This story has .mp3 files of the Senate deliberation
Senate near passage of autism bill
by Bob Priddy on February 3, 2010

Mo. Senate passes child autism coverage bill
By: The Associated Press | 03 Feb 2010 | 04:46 PM ET

House committee passes autism insurance bill
By Chad Livengood • clivengood@news-leader.com
Inside Missouri Politics Blog
February 3, 2010

Previous post:
Friday, January 29, 2010
LEG. NEWS: Missouri SB 618 autism insurance bill goes to Senate floor on February 1, 2010 for "Perfection"

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Website: Practitioner Issues in Behavior Analysis SIG

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

LEG. NEWS: New York S. 3676 Defines the practice of behavior analysis and recognizes the Behavior Analysis Certification Board competencies

NY S. 3676, currently in the New York State Assembly, would create state definition of the practice of behavior analysis, and recognize the competencies of the Behavior Analysis Certification Board as appropriate qualifications for the practice of behavior analysis. The bill text gives a lengthy definition of what behavior analysis is, what it is not, and would establish that a BACB certificant is the appropriate agent of that practice.

S. 3676 also states that the act shall take effect on the January 1 of the year succeeding passage of the bill, and that the NY State department of education would be authorized to immediately promulgate rules and regulation in order to implement the requirements of the act.

• NY S 3676 : Provides an exemption for individuals performing behavior analysis (Flanagan)
  History:
  03/27/2009 REFERRED TO HIGHER EDUCATION
  01/06/2010 REFERRED TO HIGHER EDUCATION
  

As further background, on the website of the New York Association for Behavior Analysis (NYSABA) there is a legislative action alert dated from February 2009 describing NYSABA's legislative agenda to gain such state recognition of behavior analysis professionals and the BCBA credential which would allow independent professional practice of behavior analysis. Other details are given. Please see the Legislative Action Alert at the NYSABA website, and/or contact NYSABA for specifics and more information.

For more information

New York State Assembly

ABAI chapters in/that serve New York
New York State Association for Behavior Analysis (NYSABA)

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or individual SIG member authors and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, 

STATES: Missouri Prefiles Two Autism Insurance Reform Bills

Missouri joins the District of Columbia in filing legislation seeking health insurance reform for the treatment of autism.

This week, two autism insurance reform bills including coverage of applied behavior analysis and Behavior Analysis Certification Board (BACB) certificants were prefiled for consideration in the upcoming Missouri legislative session.


SB 618      Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions
Current Bill Summary (with link to full text of the Senate bill).
Last action: Prefiled 12/1/09

HB 1311 Provides health insurance coverage for the diagnosis and treatment of autism spectrum disorder
No bill summary is available at this time
Last action: Prefiled 12/1/09

Both bills include applied behavior analysis, recognize the BACB Certification and propose reimbursement to Certificants in a capacity as direct or supervisory provider. Limit of coverage for ABA treatment of autism is $72,000/year.

Both bills have the support of Missouri Governor Jay Nixon, and House Speaker Ron Richard states that he has reversed his position of last year and would support the bill that emerges from the House - in contrast to last year when the Speaker declined to bring a similar Senate passed bill to the Missouri House floor.  An interim committee has been working, prior to the prefiling to build consensus among the interested stakeholders of families, insurance providers and small businesses.


Related
MO Governor, Lawmakers Introduce Legislation Again Mandating Autism Insurance Coverage Marshall Griffin, 
St. Louis Public Radio (2009-12-03)

Gov. Nixon, legislative sponsors announce legislation to require coverage of autism diagnosis, treatment
Missouri Governor Jay Nixon's News Release
December 3, 2009
Pre-filed bill would require coverage of Applied Behavioral Analysis, protect families from slashed coverage because of autism diagnosis

Autism Votes Missouri page (not yet updated 12/4/09)

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or individual SIG member authors and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, 

NEWS: District of Columbia introduces Autism Insurance Legislation

**Update 1/26/2010 - The Council of the District of Columbia website seems to indicate that no action has been taken on B18-058 since it was circulated and assigned to committee. This post will be further updated or new info posted in a separate blogpost at such time that hearing or other action is scheduled or occurs**

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On November 17, 2009 legislation requesting insurance coverage for Autism Spectrum Disorders was introduced to the Council of the District of Columbia and has been referred to Public Services and Consumer Affairs Committee.

The bill is B18-0528, "HEALTH INSURANCE FOR CHILDREN WITH AUTISM ACT OF 2009".
Sponsors: Wells, Bowser, Catania, Co-sponsors: Brown, Thomas, Alexander, Cheh, Gray
pdf of the legislation.

Some clauses relevant to coverage of applied behavior analytic therapies:
Under "habilitative or rehabilitative care" includes applied behavior analysis among treatment modalities and explicitly mentions board certified behavior analysts. Applied behavior analysis (ABA) shall be limited to a maximum benefit of $55,000 annually.

This act applies only to fully-funded health plans governed by state law and applies to all individual all individual and group health benefit plans issued or renewed on the first day of the month beginning on or after 180 days following the effective date of the act.
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Related:
DC officials propose autism insurance requirements
Washington Examiner, Associated Press
11/15/09

Autism Speaks, Washington, DC Councilmembers Tommy Wells And Muriel Bowser Announce Introduction Of Autism Insurance Reform Bill
Autismvotes
11/16/09

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or individual SIG member authors and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website,

NEWS: Calif.: "Ruling deals a blow to denials of autism treatment"

Ruling deals a blow to denials of autism treatment

Refusing to cover a costly behavioral therapy because the care provider lacks a state license violates California law, a Los Angeles County judge finds.

By Lisa Girion
Los Angeles Times
October 27 2009

"A tactic used by insurance companies to deny expensive behavioral therapy to autistic children has been deemed illegal by a Los Angeles judge..."

The complete article can be viewed at:
http://www.latimes.com/business/la-fi-autism27-2009oct27,0,7328448.story

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or individual SIG member authors and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website,

NEWS: CT Governor Rell Signs Autism Insurance Reform Bill s.SB 301 into Law on 6/9/09

Connecticut Governor Jodi Rell's website states,

"P.A. 09-115
s.S.B. 301 AN ACT CONCERNING HEALTH INSURANCE COVERAGE FOR AUTISM SPECTRUM DISORDERS

This Act passed as amended by Senate Amendment Schedule A and shall take effect January 1, 2010 The Governor signed this bill on June 9, 2009."

To repeat the clauses in s.S.B. 301 that might be of particular interest to those seeking reimbursement of behavioral therapies, and practicing behavior analysts,

"AN ACT CONCERNING HEALTH INSURANCE COVERAGE FOR
AUTISM SPECTRUM DISORDERS.

(...) 12 (3) "Behavioral therapy" means interactive therapies derived from
13 evidence-based research that are provided to children less than
14 thirteen years of age, including, but not limited to, applied behavior
15 analysis that is provided or supervised by a behavior analyst who is
16 certified by the Behavior Analyst Certification Board (....)"

See the prior post for bill text and other background on CT s.SB 301, (now P.A. 09-115).

Thursday, May 28, 2009
NEWS: Connecticut passes autism insurance reform Substitute Bill 301

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or individual SIG member authors and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed
to their website,

NEWS Maine: Board Certified Behavior Analysts Qualify for Reimbursement under MaineCare

'Recently found on the Maine Legislative website, that SP 226, LD 611 (Sponsor: Sen. Joe Perry), to provide allowance for reimbursement for Board Certified Behavior Analysts under MaineCare, was passed on 5/3/09, and signed into statute by Governor John Baldacci on 5/8/09.

Chapter 33, Reimbursement in the MaineCare Program for Board-certified Behavior Analysts 5/8/09

Added 6/4/09 from legislative website: html, pdf

124th Maine Legislature, First Regular Session Legislature

Paper, SP 226, LD # 611

Resolve, To Provide Reimbursement in the MaineCare Program for Board-certified Behavior Analysts

Final Disposition: FINALLY PASSED, May 5, 2009

Governor's Action: Signed, May 8, 2009

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed
to their website,

NEWS: Federal S. 1169 joins H.R. 1600 to provide for the treatment of autism under TRICARE

On June 3, 2009 S. 1169 was introduced by Senator Kirsten E. Gillibrand (NY), as the Senate-side companion resolution to the previously introduced H.R. 1600. Both bills would "amend title 10, United States Code, to provide for the treatment of autism under TRICARE.".

Senator Gillibrand talking about her Autism Plan and S. 1169

Sections of particular interest to Behavior Analysts (identical language in H.R. 1600 and S. 1169),

"...`(3) The Secretary may not consider the use of applied behavior analysis or other structured behavior programs under this section to be special education for purposes of section 1079(a)(9) of this title.
`(4) In carrying out this subsection, the Secretary shall ensure that--
`(A) a person who is authorized to provide applied behavior analysis or other structured behavior programs is licensed or certified by a State, the Behavior Analyst Certification Board, or other accredited national certification board; and
`(B) if applied behavior analysis or other structured behavior program is provided by an employee or contractor of a person authorized to provide such treatment, the employee or contractor shall meet minimum qualifications, training, and supervision requirements consistent with business best practices in the field of behavior analysis and autism services.
`(5) In this section:
`(A) The term `autism spectrum disorders' includes autistic disorder, Asperger's syndrome, and any of the pervasive developmental disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.
`(B) The term `habilitative and rehabilitative care' includes--
`(i) professional counseling;
`(ii) guidance service;
`(iii) treatment programs, including not more than 40 hours per week of applied behavior analysis; and
`(iv) other structured behavior programs that a health care professional determines necessary to develop, improve, maintain, or restore the functions of the beneficiary..."

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Full text, tracking and other commentary on S.1169 and H.R. 1600

• More information and advocacy tips from Autism Votes:
  Uniformed Services With Autism (USA) Heroes Act (H.R. 1600)
• Blog posts on the resolutions at the Blog,
  Jacob Woodard: A Military Child Living With PDD-NOS
• April 21, 2009 Letter from Frank R. Wolf (R-10th VA) on why he is co-sponsoring H.R. 1600
  
  
• H.R. 1600 To amend title 10, United States Code, to provide for the treatment of autism under TRICARE. (Introduced in House) 3/18/2009. Thomas.gov
  
• Summary and tracking feed on H.R. 1600 from OpenCongress.org
  
  
• S.1169 To amend title 10, United States Code, to provide for the treatment of autism under TRICARE. (Introduced in Senate) 6/3/2009. Thomas.gov
• Summary and tracking feed on S. 1169 from OpenCongress.org

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website,

NEWS: What's going on in Wisconsin

An FYI on what's going on in Wisconsin
Post from the parent blog, Elvis Sighting: Life with Joy, Her Family & Her Autism

Friday, May 29, 2009
WI Autism Insurance - Excellent News!
Insurance coverage for autism in the state of Wisconsin moved a big step closer to becoming a reality last night...

Skimmingthe clauses in AB 75/Motion 700
See clause 25., "Coverage of Autism Services", which notes providers, and

"...Require the Commissioner to, by rule, define "paraprofessional" and "qualified" for the putposes of providing services under the provisions of this motion...",

which on read seems to say that BACB certificants , equivalent, or other as determined, would potentially fall under the category of supervised paraprofessionals, depending on the decision-making by the Commissioner in establishing regulation.

As Yogi Berra said, it ain't over til the fat lady sings, or in this case mid-June which is the deadline to finalize the budget, but this move to attach the insurance reform language to the budget bill seems to have revived hope of obtaining insurance coverage of autism and behavioral interventions in Wisconsin.

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website,

NEWS: Connecticut passes autism insurance reform Substitute Bill 301

CT Substitute Bill No. 301 passed in the House by roll call vote, has been approved by both legislative houses and now goes to enrollment and the CT governor for signature.

Vote for SB-301 Roll Call Number 307
Taken on 05/27/09 AS AMENDED
The Speaker ordered the vote be taken by roll call at 10:12 p.m.
Yes 140, Nay 2. Number required for passage: 72

Substitute Bill No. 301
January Session, 2009 *_____SB00301APP___041609____*

AN ACT CONCERNING HEALTH INSURANCE COVERAGE FOR
AUTISM SPECTRUM DISORDERS.

12 (3) "Behavioral therapy" means interactive therapies derived from
13 evidence-based research that are provided to children less than
14 thirteen years of age, including, but not limited to, applied behavior
15 analysis that is provided or supervised by a behavior analyst who is
16 certified by the Behavior Analyst Certification Board.

FULL TEXT OF THE SUBSTITUTE BILL
http://www.cga.ct.gov/2009/TOB/s/pdf/2009SB-00301-R03-SB.pdf

Status and all info,
http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=301&which_year=2009&SUBMIT1.x=0&SUBMIT1.y=0&SUBMIT1=Normal

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Website: Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website,

NEWS: Nevada passes autism bill May 23, 2009

Nevada just passed an autism insurance reform bill, AB 162. Besides allowing families to access reimbursible treatment of autism, the amended bill (amendment 699) also specified competencies and licensing of those providing behavioral treatment. The bill has been sent to the Nevada Governor to await his signature.

Bill text and status is accessible after the newsblurb.

"Nevada passes autism bill
By CATHY BUSSEWITZ Associated Press Writer
Posted: 05/23/2009 03:13:14 PM PDT
Updated: 05/23/2009 04:38:11 PM PDT

CARSON CITY, Nev.—Nevada lawmakers gave final approval Saturday to help children with autism by requiring health insurers to cover screening and treatment of the disorder..."

FULL POST San Jose [CA] Mercury News
http://www.mercurynews.com/breakingnews/ci_12437455

The text of the bill passed,

AB162	Requires certain policies of health insurance and health care plans to provide coverage for screening for and treatment of autism. (BDR 57-44)
	Introduced On: Feb 12, 2009
	By: Ohrenschall Buckley Leslie Woodbury Conklin Aizley Anderson Arberry Atkinson Bobzien Carpenter Christensen Claborn Denis Dondero Loop Goicoechea Grady Hambrick Hardy Hogan Horne Kihuen Kirkpatrick Koivisto Manendo Mastroluca McClain Mortenson Munford Oceguera Parnell Pierce Segerblom Smith Stewart Horsford Schneider Lee Wiener Townsend Amodei Breeden Care Carlton Coffin Copening Nolan Parks Rhoads Woodhouse
	Most Recent History Action: May 23, 2009 - Enrolled and delivered to Governor. ----------- Website: Practitioner Issues in Behavior Analysis SIG ----------- Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org