LEG. NEWS - West Virginia : HB 4410 autism insurance bill would defines competencies, requirements and scope of practice of state "Certified Behavior Analysts"

This blog previously reported on SB 145 and HB 2858 which would amend West Virginia code to require insurance coverage for autism spectrum disorder early detection, diagnosis and treatment.  HB 2858 references "behavioral therapy" but does not explicitly address providers and competencies.

Since that post two more bills have been added to the slate of legislation currently in the West Virginia Legislature.

A bill introduced on Tuesday February 9, 2010 explicitly references applied behavior analysis, the competencies and qualifications of the stated service providers, and qualifications of "Certified Behavior Analyst"s is

HB 4410
Introduced February 9, 2010 ; referred to the Committee on Banking and Insurance.
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §9-5-21; and to amend said code by adding thereto a new section, designated §33-16-3v, all relating to requiring health insurance coverage for autism spectrum disorders; setting forth the types of coverage required; requiring medical services to be provided on a nondiscriminatory basis; and defining terms.

Some definitions from HB 4410 that may be of interest to practicing behavior analysts,

• "Autism services provider" means any person, entity or group that provides treatment of autism spectrum disorders.
• "Certified behavior analyst" means a West Virginia licensed psychiatrist or psychologist who is also board certified as a behavior analyst by the Behavior Analyst Certification Board.
• "Habilitative or rehabilitative care" means professional, counseling and guidance services and treatment programs, including applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of an individual.
• "Therapeutic care" means services provided by licensed or certified speech therapists, occupational therapists or physical therapists under the direction of a certified behavioral analyst.

HB 4410 would apply to West Virginia Public Employees Insurance, Medicaid, Group Accident and Sickness Insurance,

Another bill introduced on January 28, 2010 is primarily related to prohibiting gender discrimination.

HB. 4215,
Introduced January 28, 2010; referred to the Committee on Banking and Insurance then the Judiciary.
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; that said code be amended by adding thereto a new section, designated §33-15-22; that said code be amended by adding thereto a new section, designated §33-16-18; and that said code be amended by adding thereto a new section, designated §33-16D-17, all relating to prohibiting gender discrimination in health care insurance plans.

FOR MORE INFORMATION

West Virginia Legislature Bill Status Search page

West Virginia Legislature

Autism Votes - West Virginia
(No content related to the bills as of 2/15/10)

© 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.

LEG. NEWS - Missouri : SS/SB 618 & HCS HB 1311 & 1341 poised for action the week of February 15, 2010; licensing added to the House bill

**Update February 16, 2010 - The Missouri House amended, perfected and passed HCS 1311 & 1341. The House Journal for February 16 notes a number of amendments, some of which affect the portions of the bill referring to the practice of behavior analysis; the bill as perfected and passed will be posted when available from the legislative website**

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The Missouri General Assembly is currently entertaining two bills previously reported on in this blog that would affect the practice and reimbursement of the practice of behavior analysis in Missouri, and the legislative website indicates that action on these could be happening as early as the beginning of this coming week,

Senate Substitute (SS)/SB.618 : Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions.
Bill History

SS/SB. 618 is scheduled for a third reading in the Missouri Senate on February 15, 2010. It is stated on the Senate main page that the Senate will convene at 4:00PM.

SS/SB. 618 provides coverage under the age of 21 for applied behavior analysis, with such payments or reimbursements shall be made to either an "autism provider", the person who is supervising an autism service provider, who is certified as a board certified behavior analyst by the Behavior Analyst Certification Board; or the entity or group for whom such supervising person works or is associated.

SS/SB. 618 defines applied behavior analysis, and includes applied behavior analysis in the coverage category of "habilitative or rehabilitative care". It specifies an "Autism service provider" as 'any person, entity, or group that provides diagnostic or treatment services for autism spectrum disorders who is licensed or certified by the state of Missouri; any person who is certified as a board certified behavior analyst by the behavior analyst certification board; or any person, if not licensed or certified, who is supervised by a person who is certified as a board certified behavioral analyst by the Behavioral Analyst Certification Board, whether such board certified behavioral analyst supervises as an individual or as an employee of or in association with an entity or group'..."

See full text of SS/SB, 618 for all definitions and conditions.

and

House Committee Substitute (HCS) HB 1311 & 1341 -- Insurance Coverage for Pervasive Developmental Disorders

The Missouri House of Representatives reports that HCS HB 1311 & 1341 was reported favorably out of the Rules Committee on February 8, 2010 with a "do pass" recommendation and is shown on the House Bill Calendar for February 15, 2010 for "Perfection".

HOUSE BILLS FOR PERFECTION
House Committee Substitute (HCS) for HB 1311 & 1341 Handler: Scharnhorst (093)
Title:PERVASIVE DEVELOPMENTAL DISORDERS

A significant inclusion in HCS HB 1311 & 1341 is creation of a "Behavior Analyst Advisory Board", the inclusion of a licensure provision for Licensed Behavior Analysts, Licensed Assistant Behavior Analyst, and definition of a "PDD Service Provider" as a Licensed Behavior Analyst, and "Line Therapist" as a person supervised by a Licensed Behavior Analyst.

HCS HB 1311 & 1341 defines applied behavior analysis and the practice of applied behavior analysis.
It would create a  "Behavior Analyst Advisory Board...under the state committee of psychologists within the division of professional registration. Appointments to this Advisory Board would be made by the Governor upon the recommendations of the director of the division, upon the advice and consent of the senate.

The division, prior to submitting nominations, shall solicit nominees from professional associations and licensed behavior analysts or licensed assistant behavior analysts in the state.

The Behavior Analyst Advisory Board shall consist of the following seven members:

• three licensed behavior analysts, 
• one licensed behavior analyst holding a doctoral degree, 
• one licensed assistant behavior analyst, 
• one professional member of the committee, and 
• one public member."

The Behavior Analyst Certification Board (BACB) is stated explicitly as a certifying entity, although there is provision for an "equivalent nationally accredited nongovernmental agency approved by the committee [of psychologists] which certifies individuals who have completed academic, examination, training, and supervision requirements in applied behavior analysis;"

Authority, duties, term of service, scope of practice and other specifics are found within the full text of HCS HB 1311 & 1341.

HB 1311 & 1341 also addresses insurance coverage for diagnosis and treatment of autism spectrum disorders; defining applied behavior analysis, including it under the category of "habilitative or rehabilitative care", defines a "PDD service provider" as a licensed behavior analyst/LBA and would authorize payment for applied behavior analysis services to a "PDD service provider".
Coverage would extend through age 21 with differential coverage for children through age 9 and a lower amount through 21.

See summary and full text of HCS HB 1311 &1341 for specifics of coverage, implementation and exclusions.

FULL SUMMARY with description of testimony and statements by opponents and proponents.

Among those testifying for the bill were Lorri Unumb, Autism Speaks; Representative Dennis O'Brien, Pennsylvania House of Representatives; Colin Peeler, Ph.D., BCBA, Ronald Ekstrand, Jr.,John M. Guercio, Ph.D., BCBA, CBIST, Missouri Association for Behavior Analysis.

FOR MORE INFORMATION

Missouri General Assembly

Missouri Association for Behavior Analysis/MOABA

Autism Votes - Missouri

Show Me Autism Coverage Now

Possible Insurance Coverage for Autism Treatment
KOMO
Published: Friday, February 12, 2010 at 4:29 PM
Last Updated: Friday, February 12, 2010 at 8:05 PM

Previous Blog Posts
Wednesday, February 3, 2010
LEG. NEWS: Missouri autism insurance bills progress in General Assembly with amendments

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

Wednesday, January 27, 2010
LEG NEWS: Missouri SB 618 unanimously passed in Senate Committee, HB 1311 under scrutiny in House Committee

Tuesday, January 19, 2010
LEG NEWS: Missouri Autism Insurance bills heard in committee on Tuesday, January 19, 2010

Friday, December 4, 2009
STATES: Missouri Prefiles Two Autism Insurance Reform Bills

© 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.

FYI: An iPhone app that might be helpful in IEP meetings

This is an FYI on an iPhone/iPod Touch app reported in the news, but this is not a first-hand report, and posting does not constitute recommendation, endorsement, warranty or statement of suitability. Interested readers are directed to check the information out first-hand and determine suitability of the application for their particular use.

On February 12, 2010 Disability Scoop reported on a new free-of-charge iPhone app for special education developed for the Parent Educational Advocacy Training Center (PEATC) by Nurvee. The stated purpose of the app is to be an "on-the-spot intelligent assistance" tool for families, students, and teachers in the development of student Individual Education Programs (IEPs).

A how-to example 2:10

The IEP Checklist is available at the PEATC website or at the iTunes Store.

FOR MORE INFORMATION

IEP Checklist App
Parent Educational Advocacy Training Center

‘IEP Checklist’ iPhone App Aims To Level Playing Field
By Shaun Heasley, Disability Scoop
February 12, 2010

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Views and news expressed in this blog are those of the individual author 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: Maine SP 446/LD 1198 Scheduled for a committee worksession on February 17, 2010

This blog previously reported on Maine SP 446/LD 1198: An Act To Reform Insurance Coverage To Include Diagnosis for Autism Spectrum Disorders, which was carried over from 2009 to the 2010 legislative season. SP 446/LD 1198 defines applied behavior analysis, and includes applied behavior analysis under "habilitative and rehabilitative services"; it does not explicitly state provider, nor does it specify the BACB certification or competencies for delivery of applied behavior analysis service.

The hearing calendar for the Committee on Insurance and Financial Services shows SP 446/LD 1198 as scheduled for another work session on February 17, 2010 at 2PM in Room 427, State House.

The bill has been in committee for some months and since the commencement of the 2010 legislative session but not yet voted out, although work sessions were scheduled on January 12, 19, and February 9, 2010.

For further information & Previous blog post(s)

Maine Legislature Tracking SP 446/LD 1198


Autism Votes - Maine


Friday, January 8, 2010
LEG. NEWS: January 12 hearing on Maine LD 1198: "An Act To Reform Insurance Coverage To Include Diagnosis for Autism Spectrum Disorders"

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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 - Kentucky HB 159 moves forward with substitute bill to create separate licensing board for behavior analysts

This blog previously reported on Kentucky HB 159, which specified a licensing condition for behavior analysts practicing in the state, depending on the conditions specified in the bill, as Licensed Behavior Analyst or Licensed Assistant Behavior Analyst; however at the time of that post, the proposal was that  regulation and licensure would be under the purview of Kentucky Board of Examiners of Psychology.

HB 159 also contains a section defining health insurance coverage for autism with differentials from ages 1-6 years and 7-21 years with applied behavior analysis and practice defined, included under the category of "habilitative and rehabilitative care". The competencies of the Behavior Analyst Certification Board are specified in HB 159 under the definitions and in meeting the licensure requirements.

Today, the Kentucky Legislative website reports that a substitute bill for HB 159 (HCS) passed favorably from the  House Standing Committee on Local Government now specifies establishment of a separate licensing board - the "Kentucky Applied Behavior Analysis Licensing Board".
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HB 159 - AMENDMENTS

     HCS/HM - Delete the provisions relating to regulation and licensure of applied behavior analysis for behavior disorders by the Board of Examiners of Psychology and in lieu thereof establish a new KRS Chapter 319B to create the Kentucky Applied Behavior Analysis Licensing Board including the definitions, membership, terms, per diem and authority of the board, the requirements for licensure, and the exemptions from licensure; retain the provisions containing the health mandate, but clarify that the large group mandate for individuals is for individuals through age six by providing that individuals between the ages of one and their seventh birthday shall receive the mandated benefits.

"(...)SECTION 20.   A NEW SECTION OF KRS CHAPTER 319B IS CREATED TO READ AS FOLLOWS:
(1)    (a)    There is hereby created the Kentucky Applied Behavior Analysis Licensing Board. The board shall consist of seven (7) members appointed by the Governor.

(b)    The initial board members shall be appointed as follows:
1.    Four (4) members shall be credentialed behavior analysts nominated by a credentialed behavior analyst practicing in the state;
2.    One (1) member shall be a psychologist licensed in the state, the majority of whose practice is related to the treatment of behavior disorders, including but not limited to autism spectrum disorders. The psychologist member shall be nominated by a credentialed behavior analyst practicing in the state; and
3.    Two (2) members shall be the parent of a child diagnosed with and treated for a behavior disorder, including but not limited to an autism spectrum disorder, selected from the state at large.

(c)    Subsequent board members shall be appointed by the Governor as follows:
1.    Four (4) members shall be licensed behavior analysts nominated by a licensed behavior analyst practicing in the state;
2.    One (1) member shall be a psychologist licensed in the state, the majority of whose practice is related to the treatment of behavior disorders, including but not limited to autism spectrum disorders. The psychologist member shall be nominated by a licensed behavior analyst practicing in the state; and
3.    Two (2) members shall be the parent of a child diagnosed with and treated for a behavior` disorder, including but not limited to an autism spectrum disorder, selected from the state at large.
(...)"
Other specifications and conditions stated in full text of the amendment
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Should HB 159 proceed in the legislative season into enacted statute, Kentucky would join Arizona, Pennsylvania [behavior specialists], Nevada and Oklahoma in specifying a licensure condition for the practice of applied behavior analysis.

FOR FURTHER READING
Record of HB 159 at Kentucky Legislature

Autism Votes Kentucky

Model licensing Act ABA International

BACB Model Licensing Act
Association of Professional Behavior Analysts members only

Past blog posts

Thursday, January 14, 2010
LEG. NEWS: Kentucky - Bill Introduced to Establish Licensure of Behavior Analysts

Monday, January 11, 2010
ABAI NEWSFLASH: ABA International Announces Model Licensing Act for Behavior Analysts

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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

NEWS: Initial proposed revisions to DSM-V released; comments requested

On Wednesday Tuesday, February 10, 2010 the American Psychiatric Association (APA) unveiled the proposed initial draft recommendations for the fifth version of the Diagnostic and Statistical Manual of Mental Disorders (DSM), the manual used to diagnose mental disorders. When completed and adopted, the DSM-V would supercede the current version, Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR).

The American Psychiatric Association has set up a website with the proposed initial draft recommendations of the revisions developed by the DSM-5 Work Groups. Viewers will be able to submit comments until April 20, 2010. After the April 20th date, the site will still be available for viewing, but comments will not longer be taken.

Further steps before release would be field testing of the proposed revisions and final changes.

The process for developing the DSM-5 began a decade ago, with an initial research planning conference under the joint sponsorship of the APA and the National Institute of Mental Health (NIMH). Additional global research planning conferences, under the auspices of the American Psychiatric Institute for Research and Education (APIRE), the World Health Organization, and three institutes of the National Institutes of Health produced a series of monographs, which helped lay the groundwork for the revisions.

The APA’s DSM-5 Task Force and Work Group members were identified in 2007; they are tasked with reviewing scientific advances and research to develop draft diagnostic criteria in diagnostic categories of psychiatric disorders.

While many changes are planned for the DSM-V, two that were given some attention by the press on Tuesday was the replacement of pediatric bipolar disorder with "Temper Dysregulation Disorder",


and removal of Asperger's Syndrome as a separate diagnosis and placement under the Autism Spectrum Disorder category,



The anticipated release of the DSM-V is May 2013. This release date was delayed from initial projections to allow coordination with the scheduled U.S. implementation on October 1, 2013 of the International Classification of Diseases-10-Clinical Modification (ICD-10-CM) (World Health Organization/WHO) codes for all Medicare/Medicaid claims reporting. Chapter V of the ICD-10-CM is Mental and behavioral disorders. A related development is that the ICD is also in revision to ICD-11 ; that revised version is expected to be released in 2014 or 2015.

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For further reading

American Psychiatric Association DSM-5 Development

[This article discusses the timeline for the DSM-V and steps towards the final version and coordination witht he ICD-10-CM]
Why is DSM-5 Being Delayed?
Alan F. Schatzberg, M.D.
Psychiatric News January 1, 2010
Volume 45 Number 1 Page 3

International Classification of Diseases (ICD)

Media reports
All google news under keyword "DSM-V"

[This article gives a quick rundown on some proposed revisions]
APA Releases Proposed Draft of the DSM-5
Caroline Cassels
Medscape Medical News
February 10, 2010

Revising Book on Disorders of the Mind
By BENEDICT CAREY
New York Times
Published: February 10, 2010

[In reference to the folding of Asperger's Syndrome into the Autism Spectrum Disorders]
Opinion: Disorder Out of Chaos
By ROY RICHARD GRINKER
New York Times
Published: February 9, 2010

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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: U.S. House Bill - H.R. 4247 on changing restraint and seclusion policy in U.S. schools passes House Committee

Thursday, February 4, 2010, the U.S. House Committee on Education and Labor passed by a bipartisan vote of 34 to 10,
H.R. 4247: The Preventing Harmful Restraint and Seclusion in Schools Act -
"To prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes".

This bill, which would regulate the use of restraint, seclusion and other practices in all U.S. public schools, has been the subject of considerable public attention since its introduction on December 9, 2009.

The impetus for H.R. 4247's introduction by Representatives George Miller, 7th-D, CA & Cathy McMorris Rodgers, 5th-D. WA, was a May 19, 2009 hearing before the House Committee on Education and Labor examining the abusive and deadly use of seclusion and restraint in schools, in addition to an investigative report by the GAO, and the report: School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools by the National Disability Rights Network.

A related bill is S.2860 (Dodd) "A bill to protect students from inappropriate seclusion and physical restraint, and for other purposes"

The next step for H.R. 4247 is the floor of the U.S. House of Representatives.


For further reading

H.R. 4247 at Thomas.gov

Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers.  GAO-09-719T, May 19, 2009


School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools
National Disability Rights Network, January 2009

Bipartisan Legislation to Prevent Abuse in Schools Clears House Committee
February 4, 2010 12:30 PM

MYTH VS. FACT: Preventing Harmful Restraint and Seclusion in the Schools Act
By Kittredge, Betsy Miller on February 3, 2010 11:05 AM
EdLabor Journal. Committee on Education & Labor
 
H.R. 4247 - Preventing Harmful Restraint and Seclusion in Schools Act
U.S. House Committee on Education & Labor
Full Committee Markup 11:00 AM, February 4, 2010 2175 Rayburn H.O.B
Washington, DC

News of the Day: The Story Behind The Bill
By Kruger, Mike on February 4, 2010 10:30 AM |
School Restraint, Seclusion Bill Clears House Committee
By Michelle Diament, Disability Scoop
February 4, 2010

Past Blog Posts
All past blog posts on the topic and introduction of H.R. 4247 & S.2860

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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