verbalbehavior

 

State Bills 2009

Page history last edited by Regina Claypool-Frey 5 mos ago

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Page created 2/14/09 Regina Claypool-Frey

2/14/09 This page in progress

  1. FEDERAL LEGISLATION S.819, Durbin, Introduced 4/2/09
  2. TABLE OF LEGISLATION & STATUTE 2009
  3. General sites and directories
    1. Autism Votes
    2. Policy Papers and Reports on Autism and Treatment
    3. NCSL Autism Legislation Database
      1. Related: Glossary of Legislative Terms
    4. State Legislatures, State Laws, and State Regulations: 
    5. Justia Law database and search engine
    6. Related: Federal Government/ U.S. Congress
    7. Yahoo and Discussion groups of legislative issues
  4. Related: Health insurance and Cost-benefit
    1. Video: MSNBC: Today's News: Should Insurance Cover Autism? 6:14
    2. How Private Health Coverage Works: A Primer 
    3. Cost Benefit Analyses of Behavioral Intervention
    4. Evidence for Behavioral Intervention
    5. Licensure of Behavior Analysts
    6. "Feb 20, 2009: States Consider Autism Insurance Bills, But Economy Deals Blows 
  5. Some specifc state bills in more detail (see table for all 2009 state bills)
    1. ALASKA
    2. ARIZONA HB 2207 Changes to statute regarding licensure & regulation of Behavior Analysts
    3. CONNECTICUT CB 301
    4. IOWA HF1, SF1 Includes ABA. Specifies competencies/certification of "Behavior Specialists".
    5. KANSAS SB 12 Includes ABA. Status of service provider unspecific.
    6. KENTUCKY HB 190 Includes ABA. Status of service provider unspecific. 
    7. MARYLAND HB 273, SB 394 Includes ABA. Service delivered by licensed person or BACB cert.
    8. MASSACHUSETTS HB 984: Includes ABA
    9. MICHIGAN HB 4183 Includes ABA (several specifications). Service deliverer not specified.
    10. MINNESOTA SF 312, HF 359. Includes ABA. Status of service provider unspecified.
    11. DEAD MISSISSIPPI HB 720 Included ABA. Service provision not specified.
    12. MISSOURI SB 167, HB 357. Includes ABA
    13. MONTANA SB 234. Includes ABA. Providers must be certified by Depts. Public Health & Human Services.
    14. NEVADA AB 162. Includes ABA. Specifies BACB certificants.
    15. PASSED - NEW MEXICO SB 39 (substitute) Includes ABA, HB 155 (substitute)-removed ABA.
    16. OKLAHOMA rel to autism, to license those with BACB certification, and other program development
    17. SUPPORT WITHDRAWN - UTAH SB 43. Includes ABA (Early intensive behavior therapy).
    18. DEAD VIRGINIA HB1588, SB 1260 Includes ABA.
    19. DEAD -WASHINGTON HB 1210, SB5203 Includes ABA. Qualified service providers will be established by the Dept. of Health.
    20. WISCONSIN AB 15, SB3, SB3 Senate Substitute Amendment 1. Does not include ABA reference.

FEDERAL LEGISLATION S.819, Durbin, Introduced 4/2/09

This is an informal record of the bill S. 819, as introduced. To track the bill for status and most current version, http://www.thomas.gov

 

pdf of the text as introduced and read in the Congressional Record (259Kb). Transcribed 4/3/09 Regina Claypool-Frey

This is an INFORMAL and UNOFFICIAL copy for informational purposes, please see thomas.gov for official texts and Congressional actions.

 

S.819 (Link to text at Thomas.gov when available)

Title: A bill to provide for enhanced treatment, support, services, and research for individuals with autism spectrum disorders and their families.

Sponsor: Sen Durbin, Richard [IL] (introduced 4/2/2009)     

Cosponsors (2)

Sen Casey, Robert P., Jr. [PA] - 4/2/2009

Sen Menendez, Robert [NJ] - 4/2/2009

Latest Major Action: 4/2/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

As read into the Congressional Record, April 2, 2009.

http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=S4379&dbname=2009_record

 

TABLE OF LEGISLATION & STATUTE 2009


3/23/09 UNDER CONSTRUCTION 

Data from

July 31, 2008, OLR Research Report

Janet L. Kaminski Leduc, Senior Legislative Attorney

Insure.com  2/7/2009 Accessed 3/24/09

 

State

Bill #

 

Red is statute

status ABA included age limits benefit $

Specifies

BACB

certificant

Endorsed

by

Autism Speaks

FEDERAL BILL

S.819

Title: A bill to provide for enhanced treatment, support, services, and research for individuals with autism spectrum disorders and their families.

4/2/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. Yes See bill, clause 12 for details See bill, clause 12 for details No  
  HR 2413
Title: A bill to provide for enhanced treatment, support, services, and research for individuals with autism spectrum disorders and their families.
 
           
FEDERAL BILL

HR 1600

Title: To amend title 10, United States Code, to provide for the treatment of autism under TRICARE.

3/18/2009

Referred to the House Committee on Armed Services.

      yes
Note: TRICARE already recognizes BACB Certificants. This bill expands and increases coverage.
 
  S.1169
Title: To amend title 10, United States Code, to provide for the treatment of autism under TRICARE.
 
           
Alabama Not at this time --       -- --
  Alabama Code §27-54-1 law-parity
    Group benefit plans must provide coverage of mental illnesses as with medical illnesses.    
Alaska

HB 187

Intro 3/12/09

bill yes-applied behavior analysis Up to 21 yrs

$36,000/yr.

adjusted CPI start 2011.

No yes
 

NO MENTAL 

HEALTH PARITY

-- -- -- -- -- --
Arizona

SC. 20-826.04

 

HB 2487

3/21/2008

law

6/30/2009

enact

law - mandate
yes-behavioral treatment services 16 yrs. $50,000 to age 9; $25,000, age 9-16. Supervision by licensed or certified provider N/A
Arkansas

SB 913

bill       No. specifies licensed physician or psychologist yes
 

S.C. 23-99-501-

23-99-511

Mental health parity Not specified: diagnosis and treatment of mental illness and developmental disorders as "medically necessary" none. At least at same level as for physical conditions Not specified N/A
 

Medicaid waiver (when funds become available)

Arkansas Code §20-77-124

HB 2282

law-authorization to apply for Medicaid waiver Yes- for intensive early intervention individualized therapies (also speech & OT) ages 3 to 10

Up to $50,000/yr.

 

   
California

S.C. 1374.72

 

AB 88 mental health parity, but regulatory board judged ABA as "educational".

law-mental health parity
Not specified but also not excluded. Could be in the past with appeals. Not clear what status is at present. none
At same level as for physical visits. None N/A
Colorado

SB 09-244

3/6/2009

Now LAW

 

bill

yes- applied behavioral analysis. Not to duplicate services in IFSP. 

Not specified Not specified yes-Board Certified Behavior Analyst. yes
 

Colo. Rev. Stat. Ann. § 10-16-104.5

law-

not spec

parity bill--related care
  none

none

IF OFFERED, must meet conditions as accidents and sicknesses

   
  Medicaid waiver: Community based. Medicaid autism waiver Yes--behavioral therapy services.

5 or younger.

Eligibility is dependent on diagnosis before age 6

Maximum of $25,000/yr for 3 years or until age 6

[Note: maximum of 75 children can be enrolled at one time]

   
Connecticut

CB 301

 

Actuarial cost estimate

NOW Law


bill

yes--Applied behavior analysis & habilitative care Up to age 13.

$50,000/yr up to 9, $35,000/yr 9-13.

yes- but not limited to BACB certificants yes
  HB 6240 bill no-originally dealt with drug prescriptions, now committee substitute is for drug prescriptions & speech, PT & OT none no limits No-N/A N/A
 

need exact statute code

H.B. 5696

law no- covers OT, PT and speech (ABA redacted)        
 

.S.C. 38a-488a

38a-514S

law-mental health parity "Medically necessary treatment" none coverage may not be less comprehensive than for physical conditions. No-licensed psychologist or physician N/A
Delaware

Limited mental health parity /locate statute

18 DE Code §3343

Includes serious mental illness, including autism and ADHD.

law? Some conflicts in reports as to whether ASDs are covered.
         
District of Columbia              
 

DC ST §31-3271

Law 16-198

law-mandate habilitative services for children with congenital or genetic birth defect. No-habilitative services are PT, OT & Speech        
  DC ST §31-3102 law-mental health parity limited to mental illness treatment        
Florida

 

SC. Title 37: Ch. 627.6686 & s. 641.31098


SB 2654
5/20/2008

 

Analysis
 

law- mandate
yes-behavioral treatment Child under 18 or HS 18 yrs or older diagnosed with DD at age 8 or younger $36,000/yr. $200,000 lifetime cap. individual certified pursuant to s. 393.17 or an
222 individual licensed under chapter 490 or chapter 491.
N/A
 

HCBS waiver

authorized by SB 2654-

Interim-req legislative approval, although individuals can seek services under the waiver
Yes- behavioral analysis is available. Ages 3 or older      

Georgia

3/12/09

SB 161 dies in Georgia House.

Instead House votes to appoint committee to study autism insurance reform.

 

SB 161

HB 426

Actuarial cost estimate

 

 

 

 


dead

bill

 

 


yes-under rehabilitative care, behavioral intervention.

 


Must be diagnosed by age 8. Coverage through age 16.

 


$36,000 inflation adj annually and a maximum lifetime benefit of $200,00 

licensed
55 psychiatrist, licensed psychologist, licensed clinical social worker, licensed behavioral
56 therapist, certified behavioral analyst, or other qualified professional as prescribed by a
57 licensed physician, licensed physician's assistant, or certified nurse practitioner.
--
 

Ga. Code Ann. § 33-24-59. 10

law-mental health parity
Not specified none

Same terms

and conditons as othe "neurologic disorders". Must be offered if treatment for other neurologic disorders offered.

  N/A
  1915(c) HCBS Waiver: New Options Waiver and Comprehensive Supports Waiver Waiver-home and community based services for individuals with MR & DD, including autism. not per se, inclusion is for behavioral supports consultation.        
Hawaii Not at this time -- -- -- -- -- --
Idaho Not at this time -- -- -- -- -- --
Illinois Public Law 095-1005
(Senate Bill 934 as Passed)
           
 

Serious mental illness, including pervasive developmental disorders and PTSD.

     

Limited parity.

45 inpatient day and 35 outpatient visit benefit for other mental health conditions. May be subject to 50 percent co-pay and lesser of annual limit of $10,000 or 25 percent of lifetime policy limit.

   
Indiana              
 

Code §§ 27-13-7-14. 7 and 27-8-14. 2-4).

law- mandate
yes-behavioral treatment included if prescribed by physician with a treatment plan
none Coverage may not be
less comprehensive and its cost
sharing shall be comparable to
physical illness coverage
   
Iowa

HF1

SF1

bills yes up to 21 $36,000 unclear yes
 

SC. 514C.22

 

Mental Health Parity; Minimum mandated benefit.

Serious mental illness, including pervasive developmental disorders and autistic disorders.

law-mental health parity Unclear-"medically necessary and clinically appropriate", but excludes developmental, educational and experimental treatments.
none Autism coverage may not be
less comprehensive or cost
sharing less than comparable to
physical illness coverage.
Coverage shall include 30 days
of in-patient care for mental
illness and 52 visits for out-
patient care. 
   
Kansas

SB 12

HB 2367

  yes-habilitative, rehabilitative, applied behavior analysis. up to 21 $75,000 unclear yes
 

S.C. 40-2, 105a

 

Mental Health parity

Serious mental illness, including Asperger’s Disorder, Intermittent explosive disorder, PTSD, Rett’s Disorder, and Tourette’s Disorder.

law-mental health parity Coverage for diagnosis and treatment. none
 
Minimum mandated benefit. 1 percent cost increase cap. 45 inpatient days and 45 outpatient visits annually. Minimum 30 inpatient days for other mental health and substance abuse disorders; not less than $7,500 lifetime benefit for outpatient care.
  N/A
Kentucky

HB 190

 

 

yes-applied behavior analysis

not spec

not spec

No

Yes 

  SB74         No N/A
 

Ky. Rev. Stat. Ann. § 304. 17A-143

law-mandate

Not in words--"therapeutic, respite and rehabilitative care. Interpreted as behavioral treatment services

ages 2 through 21. Monthly cap of $500/month.   N/A
Louisiana

HB 958

July 1, 2008

law yes Up to age 17 $36,000/yr; $144,000 cap Yes or equivalent
N/A
 

S.C. 22.669

Mental Health Parity

law-mental health parity No. Physician, psychologist & LCSW services none

Minimum mandated benefit.

Requirements met if plan provides 45 in-patient days and 52 out-patient visits annually.

Mandated offering for other mental health disorders.

  N/A
Maine Not at this time. -- -- -- --  -- --
 

related L.D. 21 coverage for diagnosis and screening
 

           
 

related L.D. 637 coverage for incapacitated and financially dependent adults

           
 

related

SP 226, LD 611

"An Act To Provide Reimbursement in the MaineCare Program for Board-certified Behavior Analysts"

Now LAW 2009

bill

related bill to reimbursement by MaineCare Program for BACB certificants. NA NA YES--Specific topic of the bill. NA
  SC 24A,2749-C law-mandated No. Treatment & diagnosis of mental illnesses. None Coverage may not be less comprehensive than that for physical illness. No. N/A
  Maine Home and Community Based Services Waiver: Support Waiver

support waiver Maine DHHS

Is not specified explicitly among approved services. 21 years or older Different dollar amounts depending on service applied No N/A
Maryland HB 274

SB 394

 

yes

 


21

 


$50,000

Yes

 

 

Md. Code Ann. § 15-835

law-mental health parity
No. Coverage for habilitative OT, PT & speech Up to 19 Not spec. No N/A
Massachusetts

Mar. 2009

Do not see bills at this time. Last listed is for 2008.

-- -- -- -- -- --
  Ch 175, Sect 47B law-mental health parity   19 Medically necessary benefits; shall continue for adolescents in ongoing treatment beyond the adolescent's 19th birthday until the treatment plan is completed.
   
Michigan

HB 4476 /
SB 0306

 

HB 4183 /
SB 0359
 

bill

 

 

bill

yes

 

 

yes

not spec

 

 

not spec

not spec

 

 

not spec

No

 

 

not spec

--

 

 

--

Minnesota

HF 359

SF 312

bill

(look like parity bills)

yes-applied behavior analysis + habilitative/

rehabilitative

unspec unspec Dof Health to adopt rules establishing standards for qualified autism service providers.  After the adoption of these rules, payments will only be made to providers that meet these standards No

Mississippi

Died in House insurance and Appropriations

committee 2/3/09

HB 720

 

History

dead

 

bill

yes--applied behavior analysis + habilitative/

rehabilitative care

unspec. $50,000 per year not spec. No.
  SB2753 dead bill yes-under habilitative or rehabilitative care Under 21

$50,000 per year

Not specified- other licensed providers specified No
  SB 2885 dead bill yes-under habilitative or rehabilitative care Under 21 $50,000 per year Not specified- other licensed providers specified
No
  SB 2160 dead bill yes- ABA Under 21, must be diagnosed before age 10 $50,000/yr for ABA Not specified-other licensed providers specified No
  HB 1513 dead bill N/A-parity bill Up to 12 No max.  To the same extent as for physical conditons
No N/A
Missouri

SB 167

Current version is

[P E R F E C T E D]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 167
March 24, 2009

bill yes-applied behavior analysis

Under 18 yrs.

 

Under 21 yrs

$55,000/yr.

No coverage for ABA after age of 14.

 

$72,000/yr under 11; $36,000 to age 21

yes-BACB

 

--
  HB 357 bill yes-applied behavior analysis Under 21 yrs $72,000/yr under 11; $36,000 to age 21 yes-BACB --
  376.1550 law-neither parity nor mandate   None Plan shall not establish conditions imposing greater financial burden for access to mental health coverage than for physical conditions. No-other licensed or registered personnel specified.  
Montana

Now LAW


SB 234

Most current version 3/23/09

Status (not sure this will remain a live link)

Fiscal note SB0234

  yes--medically necessary treatment from evidence based research Under 18 yrs $50,000/yr up to age 8, $20,000 ages 9 to 18. yes-"licensed" by the BACB Yes
 

33-22-706 (temporary)

CHECK THIS

Mental Health Parity

Serious mental illness, including autism. More limited group coverage for other mental health and substance use disorders.

     

Limited parity.

Maximum 20 inpatient days for other mental health disorders. Outpatient treatment fo other mental health disorders may be limited to $2,000 per year. Inpatient and outpatient substance use treatment is subject to $6,000 maximum in 12-months and lifetime maximum inpatient of $12,000. Allows exclusion of mental health for "barebones" policies (12 mo. pilot).

   
  Medicaid waiver IN PROGRESS waiver  spec. "early intensive rehabilitation" in the home
between 2 and 5 years $40,000/yr for max of $120,000 for 40 children Unspec. Specifies "qualified provider" N/A
Nebraska Not at this time -- -- -- -- -- --
 

NE Rev Stat §44-792 (2007)

law-mental health parity,

however benefits may be limited.

    Mental health must be covered as with physical illnesses, if plan includes mental health.    
 

Medicaid waiver IN PROGRESS

NE L 2007, LB482, § 5

law-application for Medicaid waiver yes- intensive early intervention services Up to 9 yrs old.      
Nevada

AB 162

Status

Now LAW 2009

bill

yes-included under habilitative & rehabilitative care and behavioral therapy unspec.

[note to recheck most current amended version!]

no monetary limit specified.

Yes in most current version; in last 2 amendments added "licensure" of BACB certificants Yes
New Hampshire

HB 0569-FN

Status

bill unclear-clause for habilitative & rehabilitative care unspec. unspec unspec --
 

37-417-E

 

Mental Health parity

Limited parity. Minimum benefits for chemical dependency and other mental disorders.

Serious mental illness, including pervasive developmental disorders, autism, anorexia, bulimia, chronic PTSD.

law     None    
New Jersey NOTE to update New Jersey INFO due to introduction of autism bills -- -- -- -- -- --
 

17:48E-35.20

 

Mental Health parity

Limited parity.

Serious mental illness, including pervasive developmental disorder and autism.

law   None      

New Mexico

SB 39 Senate Floor substitute passed legislature 3/20/09.

Now LAW


SB 39 Senate Floor Substitute

 

Bill status

bill yes Age 19 or younger, or age 22 or younger if enrolled in High School $36,000/yr $200,000 limit unspec yes
 

HB 155

 

bill yes, but May be limited to exclude services covered by IDEA 19 years of younger, 22 if enrolled in HS.
$36,000/yr. $200,000 limit Not spec. No. Support withdrawn/
oppose
New York

SB 2366

AB 6001 

bills

yes-habilitative, rehabilitative & Applied Behavior Analysis (ABA) 

21

$36,000 No yes
 

N. Y. Ins. Law §§ 3221(l)(17), 3216(i)(25), and 4303(ee)

parity

law

unspec.

Treatment is as for neurobiological disorders.

unspec None   N/A
North Carolina Not at this time -- -- -- -- -- --
  S.C. 58-3-220 law-neither parity nor mandate. For "necessary care and treatment of mental illness" unspec. Coverage may not be less comprehensive than for physical illness.   N/A
North Dakota Not at this time -- -- -- ---- -- --
Ohio HB 8 bill yes unspec. unspec unspec="autism services provider" --

Oklahoma

Stalled in Retirement and Insurance committee

SB1 bill yes Up to age 21 $75,000 for 3 year max., unless steady acquisition is demonstrated. unspec="licensed behavioral practitioner." --
2/5/09 CR-Do not pass Economic Development and Financial Services Committee

HB 1312 bill yes Up to age 21 $50,000 for 3 year max., unless steady acquisition is demonstrated. unspec="licensed behavioral practitioner." --
 

related

HB 2027

Licensing of behavior analysts. Research pilot program
An Act relating to autism; defining terms; providing for the licensing of certain persons; stating qualifications; providing for renewal; stating duties of licensee; prohibiting certain act; providing penalites; "etc.

bill N/A N/A N/A Purpose is to train BACB certificants N/A
Oregon HB 3000 bill yes Up to age 18 $36,000/yr. price adjusted from 2012. yes, if approved by  the Dept. of Consumer & Business Affairs --
 

OR Rev. Stat. §743A.190


was

HB 2918

law-mandate (except ABA excised before passage) no--speech, OT, PT under "medically necessary" medical services including rehabilitation. 18 None-subject to same terms and agreements as physical conditions.
No N/A
 

OR Rev. Stat. §743A.168

SB1


law - mental health parity

Comprehensive parity. Excludes mentally handicapped, learning disorders, paraphilias, gender identity disorders in adults and “V” codes, except V61.20, V61.21, and V62.82.

    Excludes tobacco or food dependencies. No requirement for over 45 days of residential mental health care. Practitoners are licensed.  
Pennsylvania

PA Act 62

was HB 1150 passed
7/9/2008

 

law yes Up to age 21 $36,000/yr. consumer price index adjusted from 2012 licensed or certified by PA as behavioral specialist  
Rhode Island No bill at this time ---- -- -- -- -- --
  S C 27-38.2-2 law-neither mandate nor parity "medically necessary and appropriate treatment" unspec. 30 days inpatient for "mental illness: and 30 out patient visits. Coverage may not be less comprehensive than that for physical illness.    
South Carolina

S. C. Code Ann. § 38-71-280

law - mandate
yes - behavioral therapy.
Up to 16 yrs (diagnosed at 8 or younger) $50,000/yr, CPI adjusted from 2010 Not spec. N/A.
South Dakota Not at this time -- -- -- -- -- --
Tennessee

HB0065 /
SB0920

bill 

yes

diagnosed 8 or younger

up to age 16.

$50,000/yr

No spec

-- 

 

  HB0338 /
SB0218
bills yes diagnosed 8 or younger

up to age 16.

$50,000/yr Not spec --
  HB1461 / SB1660  bill yes Up to age 21 $36,000/yr Not spec --
 

HB2105 /

SB1789

bill not explicitly spec Up to age of 16 $50,000/yr up to age 9, $25,000/yr up to age 16 Not spec --
 

Tenn. Code. Ann. § 56-7-2367

law-neither mandate nor parity
Unspec. If covers neurologic disorders, such coverage must be extended to those under age 12. Up to age 12. Unspec. Not spec. N/a.
Texas

Tex. Ins. Code § 1355. 015

law-mandate yes-includes ABA, behavior training and behavior management.
At least 2 but under 6. Does not preclude coverage for over 6 if continues to require treatment Coverage may not be less comprehensive than that for physical illness. yes N/A

Utah

Bill amended to remove requirement of coverage.

Bill defeated 3/12/09

SB 43

Amended version

dead

bill

yes- "Habilitative or rehabilitative care, Early intensive behavior therapy,+ other 17 $50,000 to 9

 

$25,000 to 17

Amended to $35,000 to 9,

$17,500 to 17

No

Support withdrawn
/opposes

 

Vermont Not at this time -- ---- -- -- --- --
  SC 4089 law-neither mandate nor parity inpatient & outpatient for consult., diagnosis or treatment of "mental health". none none   N/A

Virginia

HB 1588 left in committee.

SB 1260 left in senate finance committee

 

 

HB 1588

 

 

 

SB 1260

dead

bill

 

 

dead

bill

yes

 

 

 

yes

Under 21

 

 

 

Under 21, negotiated to under 6

$36,000/yr.

 

 

 

$36,0000/yr

No

 

 

 

No

--

 

 

--

 

SC 38.2-3412.1:01

 

Limited parity.

Serious mental illness, includes autism and ADHD; substance abuse disorders.

law-neither mandate nor parity
    Mandated minimum benefit for individual and small group plans of 20 inpatient days and 20 outpatient visits. Minimum 50 percent co-insurance required after first five outpatient visits, except for serious mental illness and substance abuse disorders    

Washington

bills left in committee

HB 1210/

SB 5203

dead

bills

yes Under 21 $50,000/yr unclear: Dept of Health establishes qualified providers Yes
  SC 48-21-241 law-neither parity nor mandate Medically necessary outpatient/ inpatient services. None Coverage to be comprehensive and comparable to physical illnesses.   N/A
West Virginia

SB 77

as intro'd

bill

parity?

not spec not spec not spec not spec no.
Wisconsin

AB 15

 

SB 3 sub. amendt.

2/6/09

 

 

bill-

substitute

amendment

 

 

yes- as intensive and post-intensive services.

 

 

not spec

 

 

$60,000,1st 4yrs. therafter

$30,000/yr post intensive services

 

 

no spec. except as paraprofessional under supervision of licensed physician, psych. or social worker

No

 

Yes

Wyoming Not at this time -- -- -- -- -- --
  Medicaid waivers for DD waiver for those diagnosed with MR or related AND require treatment or care of an intermediate care facility. Purpose of waiver is to provide services to remain in community. Not specified. There is a "Special Family Habilitation" service to teach adaptive and social skills. children through adults, although the waiver changes at age 21. See link for specific services provided. No N/A

 

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General sites and directories

 

Autism Votes

Advocacy and legislative site of Autism Speaks.

Covers advocacy and State & Federal legislation of issues of concern to the autism community, and acts as resource for state advocates seeking to submit insurance mandates (Model Mandate template on the website and Arguments for coverage of services). Tracking service of state autism insurance mandates.

 

Policy Papers and Reports on Autism and Treatment

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NCSL Autism Legislation Database

National Conference of State Legislature

:Search legislation by state, topic, key word, year, status or primary sponsor. Legislation is added to the database as it is introduced.

VERY USEFUL resource for summary of current, and history of past legislation.

THANK YOU to Kimberly Dirk for noting this resource. 

Related: Glossary of Legislative Terms

 

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Try LLSDC reference first.

 

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Includes Federal Court cases, US Code and Regulation, State Code & Regulation.

and

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Office of the President of the United State

 

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Yahoo and Discussion groups of legislative issues

 

Autism_Insurance_Legislation

Autism Insurance Legislation Advocacy

 

behavioranalysisandpublicpolicy

Behavior analysis and public policy--topics of interest are competent delivery of behavior analytic services, autism services, and potential of behavior analysis as a licensed profession.

Associated website Practitioner Issues in Behavior Analysis Special Interest Group of ABA International

Posting of one possible template for a Model Licensing Act.

 

Related:

SpEdVoters

League of Special Education Voters--Main attention is to questions of IDEA.

 

 

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Related: Health insurance and Cost-benefit

 

Video: MSNBC: Today's News: Should Insurance Cover Autism? 6:14

 

June 12, 2008: Many states are debating measures to force insurance companies to help cover autism therapy. TODAY's Natalie Morales talks to NBC's chief medical editor, Dr. Nancy Snyderman.

 

 

 

The Growing Trend Toward Mandating Autism Coverage. Issues & Answers.

The Council for Affordable Health Insurance (CAHI). March 2009.

  • Intro
  • Mental Health or Habilitative Services?
  • Coverage for Autism
  • Which States Cover Autism?
  • The Push for Expanded Autism Coverage
  • The Cost of Autism Coverage
  • Conclusion

Report references,

"Private Insurance Coverage for Treatment of Autism"

July 31, 2008

OLR Research Report

Janet L. Kaminski Leduc, Senior Legislative Attorney

Report describes reason for substitution bill replacing Connecticut Raised Bill 5696, to remove  the coverage of Applied Behavior Analysis

.

How Private Health Coverage Works: A Primer 

How Private Health Coverage Works: A Primer

2008 Update

April 2008, 28 pp.

Gary Claxton and updated by Janet Lundy of the Kaiser Family Foundation’s Health Care Marketplace Project.

 

Cost Benefit Analyses of Behavioral Intervention

Cost-Benefit Analyses of Behavioral Intervention

 

Evidence for Behavioral Intervention

Statement on Evidence Base for ABA Interventions

 

Licensure of Behavior Analysts

Licensing of Behavior Analysts

Background, Examples of Model Act and bills, Info on the BACB certification,other.

 

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"Feb 20, 2009: States Consider Autism Insurance Bills, But Economy Deals Blows 

By Michelle Diament

disabilityscoop News

February 20, 2009

Advocates across the country are pushing for states to pass legislation requiring health insurance companies to cover autism treatment. With states hurting in this struggling economy, it’s been an uphill battle for many, but proposals in some states are moving forward. Here’s a look at recent legislative action on these autism insurance proposals:..."

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Some specifc state bills in more detail (see table for all 2009 state bills)


ALASKA

 

 

 

ARIZONA STATE LEGISLATURE

 

ARIZONA HB 2207 Changes to statute regarding licensure & regulation of Behavior Analysts

 

No bills on autism insurance

 

HB 2207: BEHAVIOR ANALYSTS

makes changes and includes additions to the statutes enacted last year regarding the licensure and regulation of behavior analysts.

Sponsors: Rep. Barto & 1.ARS Title 32.

 

HB 2207 behavior analysts: HB 2207- 491R - House Bill Summary

Makes changes and includes additions to the statutes enacted last year regarding the licensure and regulation of behavior analysts. Last updated 2/13/2009 

Provisions

  • · Establishes a separate account within the Board Fund (Fund) that must be used only for licensing and regulation of behavior analysts.
  • · Requires that any monies transferred into the Fund for licensing and regulation of psychologists must be used only for licensing and regulation of psychologists.
  • · Allows the Board to accept gifts, grants, or donations for deposit into the Fund for licensing and regulation of behavior analysts.
  • · Specifies that unprofessional conduct for a behavior analyst includes representing oneself as a psychologist.
  • · Delays until 2011 the requirement that behavior analysts be licensed to practice in Arizona.
  • · Allows the Board to issue a license to a certified or licensed behavior analyst from another state which has essentially the equivalent requirements as Arizona.
  • · Contains a conditional repeal from and after June 30, 2010.
  • · Exempts the Board from rule making requirements until September 26, 2011.
  • · Specifies that monies in the Fund are exempt from the lapsing of appropriations.
  • · Defines the term incompetent as a behavior analyst.
  • · Makes technical and conforming changes.

 

Relevant statute

Text of AZ statute 32-2091-to 32-2091-13, related to regulation and licensure of Behavior Analysts

 

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CONNECTICUT CB 301

 

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IOWA HF1, SF1 Includes ABA. Specifies competencies/certification of "Behavior Specialists".

 

IOWA LEGISLATURE GENERAL ASSEMBLY Homepage

More information at Autismvotes

 

Autism Insurance Mandate, ALSO specifies competencies of "Behavioral Specialists".

 

HF1: Includes ABA.

iNTRODUCED 1/12/09. Referred to Human Resources: H.J. 18.

CURRENTLY NO AMENDMENTS FILED.

 

1 32 b. "Autism service provider" means a person, entity, or

1 33 group providing treatment of autism spectrum disorders,

1 34 pursuant to a treatment plan.

 

2 10 d. "Behavior specialist" means an individual, certified by

2 11 the commissioner, who designs, implements, or evaluates a

2 12 behavior modification intervention component of a treatment

2 13 plan, including those based on applied behavioral analysis, to

2 14 produce socially significant improvements in human behavior or

2 15 to prevent loss of attained skill or function, through skill

2 16 acquisition and the reduction of problematic behavior.

 

5 32 12. The commissioner, in consultation with the board of

5 33 medicine, shall adopt rules providing for the certification of

5 34 behavior specialists.

(requirements follow)

 

SF1

 

 

Iowa Lawmakers Mull Autism Bill

KCCI Des Moines

Feb 15, 2009. Updated Feb 16, 2009.

 

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KANSAS SB 12 Includes ABA. Status of service provider unspecific.

 

KANSAS LEGISLATURE Homepage

More information at Autismvotes

 

Autism Insurance

 

SB 12: Includes ABA. Status of "Autism services provider" means any person, entity or group that provides treatment of any autism spectrum disorder.

Bill by Legislative Educational Planning Committee

Insurance; coverage for autism. Effective date: Statute Bk.

01/07/2009 Prefiled for introduction

01/12/2009 S Introduced -SJ 9

01/13/2009 S Referred to Financial Institutions and Insurance -SJ 33

01/21/2009 S Hearing: 1/29/2009, Thur., 9:30 am, Rm 136-N

Kate's law part 1, 7:43

 

 

Kate's Law part 2

 

 

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KENTUCKY HB 190 Includes ABA. Status of service provider unspecific. 

KENTUCKY LEGISLATURE HOME PAGE

More information at Autismvotes

 

Autism Insurance

 

HB 190: Includes ABA*. Status of "Autism services provider" means any person, entity or group that provides treatment of any autism spectrum disorder.

Status

2/3/09 Introduced in House

2/4/09 To House Banking and Insurance Committee.

*May qualify under "habilitative/rehabilitative" therapies.

 

SB74: Includes ABA*. Status of "Autism services provider" means any person, entity or group that provides treatment of any autism spectrum disorder.

Status

2/5/09 Introduced in the Senate.

2/9/09 To Senate Banking and Insurance Committee.

*May qualify under "habilitative/rehabilitative" therapies.

 

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MARYLAND HB 273, SB 394 Includes ABA. Service delivered by licensed person or BACB cert.

 

MARYLAND GENERAL ASSEMBLY Homepage

More information at Autismvotes

 

Autism Insurance

 

HB 273: Includes ABA. Status of service provider is an individual licensed under Title 14 or Title 18 of the Health Occupations Article or under the supervision of an individual licensed under Title 14 or Title 18 of the Health Occupations Article; or A Board Certified Behavior Analyst or a Board Certified Associate Behavior Analyst credentialed by the Behavior Analyst Certification Board.

 

SB 394: Includes ABA. Status of service provider is an individual licensed under Title 14 or Title 18 of the Health Occupations Article or under the supervision of an individual licensed under Title 14 or Title 18 of the Health Occupations Article; or A Board Certified Behavior Analyst or a Board Certified Associate Behavior Analyst credentialed by the Behavior Analyst Certification Board.

 

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MASSACHUSETTS HB 984: Includes ABA

 

GENERAL ASSEMLY OF THE COMMONWEALTH OF MASSACHUSETTS Homepage

More information at Autismvotes

 

Autism Insurance

 

Advocates for Autism of Massachusetts

Group advocating and tracking the bill

 

HB 984

Sponsor: Barbara A. L'Italien

An Act relative to insurance coverage for autism

Includes ABA. Defines applied behavior analysis as part of habilitative or rehabilitative care to be supervised by a

Board Certified Behavior Analyst.

 

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MICHIGAN HB 4183 Includes ABA (several specifications). Service deliverer not specified.

 

MICHIGAN LEGISLATURE  Homepage

More information at Autismvotes

 

Autism Insurance

 

HB 4183 of 2009 Includes ABA (several specifications). Service deliverer not specified.

Introuced 2/5/09 Ball, Angerer and Brown.

Referred to the Committee on Health Policy.

 

Bill Status

Including versions and history.

 

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MINNESOTA SF 312, HF 359. Includes ABA. Status of service provider unspecified.

 

MINNESOTA STATE LEGISLATURE Homepage

More information at Autismvotes

 

Autism Insurance

 

SF 312: Includes ABA.

Status of service provider unspecified.

Status

 

Companion bill,

HF 359 Includes ABA.

Status of service provider unspecified.

Status

 

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DEAD MISSISSIPPI HB 720 Included ABA. Service provision not specified.

 

MISSISSIPPI STATE LEGISLATURE Homepage

More information at Autismvotes

 

Autism Insurance

HB 720: Includes ABA. Status of service provider unspecified.

Introduced 1/15/09 (H) Referred to Insurance/Appropriations

Died in Committee 2/3/09.

History

HB 720 Health insurance; require health insurance policies and State Health Plan to cover autism spectrum disorders.

 

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MISSOURI SB 167, HB 357. Includes ABA

 

MISSOURI GENERAL ASSEMBLY Homepage

More information at Autismvotes

 

Autism Insurance

 

SB 167 Includes ABA

Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions

Sponsor:. Rupp. LR Number:. 0845S.02I. Fiscal Note:. 0845-02. Committee:. Small Business, Insurance and Industry. Last Action:. 2/17/2009 - Hearing Scheduled S Small Business, Insurance and Industry Committee. Journal Page:. Title:. Calendar Position:. Effective Date:. August 28, 2009. Full Bill Text. All Actions. List of 2009 Senate Bills.

 

Re: Provider of behavior analytic services

(1) The person who is supervising the direct implementer, who is certified as a board certified behavior analyst by the Behavior Analyst Certification Board; or

(2) The entity or group for whom such supervising person works or is associated.

 

HB 357: Includes ABA

Scharnhorst, Dwight

Requires health carriers issuing or renewing a health plan to provide individuals younger than 21 years of age insurance coverage for the diagnosis and treatment of autism spectrum disorders Proposed Effective Date:. 08/28/2009. Co-Sponsor:. Schoemehl, Sue (100). etal.. LR Number:. 1030L.01I. Last Action:. 02/12/2009 -. Referred: Health Care Policy (H). HB357.

 

Re: Provider of behavior analytic services

To the extent any payments or reimbursements are being made for services rendered by a direct implementer for applied behavior analysis, such payments or reimbursements shall be made to either:

(1) The person who is supervising the direct implementer, who is certified as a board certified behavior analyst by the Behavior Analyst Certification Board; or

(2) The entity or group for whom such supervising person works or is associated.

 

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MONTANA SB 234. Includes ABA. Providers must be certified by Depts. Public Health & Human Services.

 

MONTANA LEGISLATURE Homepage

More information at Autismvotes

 

Autism Insurance

 

SB 234: Includes ABA]. Re: service provider: "(ii) Applied behavior analysis covered under this section must be provided by an individual certified by the department of public health and human services as a qualified provider of behavior analysis.

 

MT SB 234 Brandon's Bill} Blog

 

 

2/16/08 Insurance coverage for autism passes Senate committee

Posted on Feb. 16

"HELENA - A bill asking that the State of Montana require insurance companies to cover autism treatments has made it out of a Senate committee in Helena.

Senate Bill 234, otherwise known as 'Brandon's Bill,' passed out of the Business, Labor and Economic Affairs Committee on a 6-5 vote on Monday.

(...)

SB 234 is expected on the floor for second reading this week."

 

 

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NEVADA AB 162. Includes ABA. Specifies BACB certificants.

 

NEVADA LEGISLATURE Homepage

More information at Autismvotes

 

Autism Insurance

 

AB 162: Includes ABA.

Introduced 02/12/2009

12 (d) “Board certified behavior analyst” means a person who

13 holds current certification as a board certified behavior analyst

14 issued by the Behavior Analyst Certification Board, Inc., or any

15 successor in interest to that organization.

33 (m) “Treatment of autism spectrum disorders” means

34 habilitative or rehabilitative care, pharmaceutical care, psychiatric

35 care, psychological care or therapeutic care prescribed, provided

36 or ordered for a person diagnosed with an autism spectrum

37 disorder by a licensed physician, licensed psychologist or board

38 certified behavior analyst who determines the care to be medically

39 appropriate.

 

 

Letter to the editor:

Why early treatment of autism is essential

Michele Tombari, Las Vegas

Las Vegas Sun, Feb 18, 2009

 

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PASSED - NEW MEXICO SB 39 (substitute) Includes ABA, HB 155 (substitute)-removed ABA.

NEW MEXICO LEGISLATURE Homepage

More information at Autismvotes

 

Autism Insurance

 

UPDATE: Autism Speaks is no longer endorsing HB 155. As of February 6, 2009, this bill was amended to remove insurance coverage of ABA therapy.

 

HB 155 As Introduced, included ABA (now removed). Service provider unspecified.

Status page

including versions and Fiscal Impact Report.

introduced 1/22/09 Gutierrez

 

House Health and Government Affairs Committee Substitute for HB 155.

2/6/09

Coverage restricted to speech, occupational and physical therapy. Excludes services received from IDEA 2004 or other state educational services for children 3-22 years.

2/6/09 House Health and Government Affairs Committee introduced substitute removing ABA.

Current location: House Business & Industry Committee

 

SB 39 As introduced, and in Senate Floor Substitute includes ABA (with conditions).

Status page

Including Versions, Reports, Fiscal Impact Report and Votes.

Introoduced 1/13/09 Harden

Service provider unspecified. Excludes services received from IDEA 2004 or other state educational services for children 3-22 years.

Senate Floor Substitute passed unanimously in the NM Senate 2/9/09.

Current location: House Health and Government Affairs Committee.

 

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OKLAHOMA rel to autism, to license those with BACB certification, and other program development

 

OKLAHOMA LEGISLATURE Homepage

More information at Autismvotes

 

OKLAHOMA HB 2027 legislation to license those with BACB certification

 

Floor Amendment/Floor substitute for HB 2027, House of Rep. OK, HB2027 FA3-A2 Steele 2/11/2009 7:59 pm, Steele, Sullivan and McDaniel "An Act relating to autism; defining terms; providing for the licensing of certain persons; stating qualifications; providing for renewal; stating duties of licensee; prohibiting certain act; providing penalites; "etc.

 

 


SUPPORT WITHDRAWN - UTAH SB 43. Includes ABA (Early intensive behavior therapy).

Does not specify deliverer of services

 

UTAH STATE LEGISLATURE Homepage

More information at Autismvotes

 

SB 43:Includes ABA, specifically notes "Early intensive behavior therapy", but also included habiliative and rehabilitative treatment. Does not specify deliver of services.

 

Status

 

 

 

(Utah) Senate votes to support autism insurance mandates

February 18th, 2009 @ 8:14pm

KSL.com

"ALT LAKE CITY (AP) -- The Senate has given initial approval to a bill that would require insurance companies to cover autism treatment for children younger than 17.

Senate Bill 43, known as Clay's Law, would require insurance companies to provide $50,000 in coverage for children younger than 9 and $25,000 in coverage for children 9 to 16...."

 

 

 

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DEAD VIRGINIA HB1588, SB 1260 Includes ABA.

 

VIRGINIA GENERAL ASSEMBLY Homepage

More information at Autismvotes

 

Autism Coverage Bill Fails

 

Senate's Move, House Panel's Inaction Anger Advocates

By Fredrick Kunkle

Washington Post Staff Writer

Thursday, February 12, 2009; Page B07

RICHMOND, Feb. 11 -- The Senate has effectively killed a bill that would have required insurers to cover autistic children,...The bill (HB 1588) quickly met resistance. The House Commerce and Labor Committee took no action on it...In the Senate (SB 1260) , Vogel sought compromise by limiting the mandated coverage to children younger than 12. Saslaw cut the age further, to 6 years old. But efforts at compromise failed..."

HB 1588

Autism spectrum disorder; mandated health insurance coverage therefor.

January 14, 2009

Prefiled September 24, 2008

A BILL to amend and reenact � 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.15, relating to health insurance coverage for autism spectrum disorder.

SB 1260

SENATE BILL NO. 1260

A BILL to amend and reenact � 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.15, relating to health insurance coverage for autism spectrum disorder.

Patrons-- Vogel and Stuart

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on Commerce and Labor

on February 9, 2009)

 

 

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DEAD -WASHINGTON HB 1210, SB5203 Includes ABA. Qualified service providers will be established by the Dept. of Health.

 

WASHINGTON STATE LEGISLATURE homepage

More information at Autismvotes

 

 

Autism Insurance

 

Washington Autism Advocacy

is advocating and tracking this legislation.

 

WA HB 1210: Includes ABA. "The department of health will adopt rules establishing standards for qualified autism services providers. Once the rules are adopted, payment for the treatment of autism spectrum disorders covered under this section will be made only to autism service providers who

meet the standards."

 

Companion bill

SB 5203: Includes ABA. Same stipulation on establishing standards as HB 1210.

 

Video of Senate Health and Long-term Care Committee Hearing for Shayan’s Law

VIDEO Testimony before the committee, 1hour 55min.

Washington State,

Senate Bill SB 5203 Report 1/29/09

SENATE COMMITTEE ON HEALTH & LONG-TERM CARE

analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Summary of the Bill and Public Testimony to the Committee 1/28/09.

 

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WISCONSIN AB 15, SB3, SB3 Senate Substitute Amendment 1. Does not include ABA reference.

 

WISCONSIN STATE LEGISLATURE Homepage

More information at Autismvotes

 

Coalition, WISCONSIN AUTISM INSURANCE NOW

This group is advocating on behalf of,and tracking the legislation.

 

 

AB 15: Does NOT specifically refer to ABA as a treatment modality.

Introduced 1/3/2009

Specifies, "treatment is provided by 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, or a professional working under the supervision of an outpatient mental health clinic."

 

SB 3: Does NOT specifically refer to ABA in the original bill. (See Substitute Amendment for relevant changes).

 

This bill requires health insurance policies and self−insured governmental and school district health plans to cover the cost of treatment for an insured for autism, Asperger’s syndrome, and pervasive developmental disorder not otherwise specified if the treatment is provided by 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, or a professional working under the supervision of an outpatient mental health clinic.

 

SB 3, Senate Subsitute Amendment 1

 

treatment for the mental health condition of autism spectrum disorder if the treatment is prescribed by a physician and provided by any of the following who are qualified to provide intensive level services or post-intensive-level services: (1) a psychiatrist; (2) a person who practices psychology;

(3) a social worker who is licensed or certified to practice psychotherapy; (4) a paraprofessional working under the supervision of a social worker who is licensed or certified to practice psychotherapy, a person who practices psychology, or a psychiatrist; (5) a professional working under the supervision of an outpatient mental health clinic; (6) a speech-language pathologist; or (7) an occupational therapist.

 

The substitute amendment defines additional terms, including “intensive-level services” and “post-intensive-level services.” “Intensive-level services” is defined as evidence-based behavioral therapy designed to help an individual with autism spectrum disorder overcome the social, behavioral,

and cognitive deficits associated with the disorder. “Post-intensive-level services” is defined as therapy that occurs after completing treatment with intensive-level services and that is designed to maximize and sustain gains made during treatment with intensive-level services or, for an individual who has not and will not receive intensive-level services, therapy that will improve the individual’s condition**. The Commissioner of Insurance is required, by rule, to further define “intensive-level services,” “postintensive-level services,” “paraprofessional,” and “qualified.” In addition, the Commissioner may promulgate rules governing the interpretation or administration

 

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