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This information originally published at the ABAI Practice Board Blog
Regina G. Claypool-Frey
Sunday, May 16, 2010
Legislation - Roundup of licensing, autism insurance and other state and Federal bills and statute of interest
Summary of some state and Federal legislation and statute
May 16, 2010
Note: While this is a best effort to track and report legislation for the purposes of education and reference, no claim is made of comprehensiveness, completeness or accuracy, and posting does not constitute legal advice.
Readers are urged to consult noted references and relevant governmental sources to obtain exact legislative and statutory language.
Red dots = states with passed licensing law (7)
Yellow=states with passed autism insurance law
Green = states with autism insurance legislation in progress
Gray= states with autism insurance legislation that failed to pass in 2010.
Licensing legislation - passed (red dots)
(BACB)=BACB certification alone is competency for license
(BACB+) = BACB and additional requirements
(other) = other requirements
- Arizona (2008)/January 1, 2011 - Note: this is year delay, via HB 2207 (2009) which specified certain deposits and accounting changes to enact Laws 2008, Chapter 288. (other). State Board of Psychologist Examiners
- Kentucky (2010)/January 1, 2011 HB 159 - (BACB). Kentucky Applied Behavior Analysis Licensing Board. [blogpost]
- Missouri (2010)/ HB 1311 - (BACB). Behavior Analyst Advisory Board under the State Committee of Psychologists [blogpost] 5/16/10 awaiting signature of Governor Jay Nixon.
- Nevada (2009)/May 29, 2009 for purpose of establishing licensing and certification requirements. July 1, 2011 for all other purposes. Language of AB 162 as enrolled. Ch. 331. (BACB). Board of Psychological Examiners, adding 2 more members, one of whom is a licensed behavior analyst. Also certifies autism behavior specialists.
- Oklahoma (2009)/November 1, 2009 - license and training program. Licensing Act language at the BACB. (BACB). Licensed by the Developmental Disabilities Services Division of the Department of Human Services.
- Pennsylvania (2008)/ 1 year from effective date of regulations promulgated or July 1, 2012 - license is for "Behavior Specialist". Licensing requirements as outlined in Act 62 from PA DPW (other). State Board of Medicine
- Wisconsin (2010)/30 days after publication date; Publication date May 25, 2010. SB 667/2009 Wisconsin Act 282 - (BACB). Department of Regulation and Licensing; an advisory committee may be appointed to advise on regulation. [blogpost]
Licensing legislation - in progress (open red dot)
Stated to be considering licensing
- New Jersey
- Tennessee
Autism insurance legislation - passed (yellow on map) - red below indicates also a license in that state.
NB- legislation does not affect ERISA self-insured plans or may have other state specific coverages, restrictions or exclusions depending on state's statute and regulation.
- Arizona (2008)/July 1, 2009 -Ariz. Rev. Stat. Ann. § 20-826.04, § 20-1057.11, § 20-1402.03 and § 20-1404.03 (2008 Ariz. Sess. Laws, Chap. 4; HB 2847 of 2008).
See NCSL Summary, FAQ at Autism Votes
- Colorado (2009)/July 1, 2010 - Colo. Rev. Stat. § 10-16-104 (1.3)(g), § 10-16-104 (1.4) and § 25.-5-8-107 (a)(IV) (2009 Colo., Sess. Laws, Chap. 391; SB 244, Fiscal Note). Colo. Rev. Stat. §10-16-104.5 (1993 Colo., Sess. Laws, Chap. 211, amended by 2009 Colo., Sess. Laws, Chap. 391, SB 244).
See NCSL Summary, FAQ at Autism Votes
- Connecticut (2009)/January 1, 2010 - Conn. Gen. Stat. § 38a-514b (2009 Conn. Acts, P.A. 115; SB 301 of 2009, Summary).
See NCSL Summary, FAQ at Autism Votes
- Florida (2008)/April 1, 2009; April 1, 2010 to be in compliance -Fla. Stat. § 627.6686 and § 641.31098 (2008 Fla. Laws, Chap. 30; SB 2654).
See NCSL Summary, FAQ at Autism Votes
- Illinois (2009)/December 30, 2009 - Ill. Rev. Stat. ch. 215, § 5/356z.14 (2008 Ill. Laws, P.A. 95-1005, SB 934 of 2008; and 2009 Ill. Laws, P.A. 95-1049, SB 101 of 2008). amended in 2009 by 2009 Ill. Laws, P.A. 95-1049 (SB 101 of 2008).
See NCSL Summary, Illinois' fact sheet on insurance coverage for autism, FAQ at Autism Votes
- Indiana (2001) - Ind. Code § 27-8-14.2-1 et seq. and § 27-13-7-14.7 (HB 1122 of 2001; Fiscal Impact Statement).
See NCSL Summary, Indiana Resource Center for Autism's webpage., FAQ at Autism Votes; Bulletin 126 dated March 30, 2006.
- Iowa (2010)/January 1, 2011. Standings Appropriations Bill HF 2531 - Limited to certain state employee group health insurance plans; pilot to inform possible future expansion.
See Autism Votes Iowa [blogpost]
- Kansas (2010)/upon publication in the Kansas Statute Book. SS for HB 2160. Limited pilot program under Kansas State Employees Health Care Commission for evaluation for future possible expansion. (BACB + additional conditions)
See Autism Votes Kansas [blogpost]
- Kentucky (2010)/January 1, 2011- HB 159; creates separate licensing board. (BACB).
See Autism Votes Kentucky [blogpost]
- Louisiana (2008)/January 1, 2009 - La. Rev. Stat. Ann. § 22:1050 (2008 La. Acts, P.A. 648; HB 958 of 2008: Fiscal Note).
See NCSL Summary, FAQ at Autism Votes
- Maine (2010)/January 1, 2011 - LD 1198; up to age of 5.
See Autism Votes Maine [blogpost]
- Missouri (2010)/January 1, 2011 or after, when new plan issued. HB 1311 Behavior Analyst Advisory Board to Board of Psychologist Examiners. (BACB). 5/16/10 awaiting signature of Governor Jay Nixon.
See Autism Votes Missouri, [blogpost]
- Montana (2009)/January 1, 2010 - Mont. Code Ann. § 33-22-515 (2009 Mont. Laws, Chap. 359, SB 234 of 2009, Fiscal Note).
See NCSL Summary, FAQ at Autism Votes
- Nevada (2009)/January 1, 2011 - Nev. Rev. Stat. § 689A.0435 (2009 Nev. Stats., Chap. 331, AB 162 of 2009, Health and Human Services Fiscal Note | Public Employees' Benefits Program Fiscal Note).
See NCSL Summary, FAQ at Autism Votes
- New Hampshire HB 569-FN (2010)/January 1, 2011 - . Bill is clarification of existing statute. 5/16/10 awaiting signature of Governor John Lynch.
See Autism Votes New Hampshire [blogpost]
- New Jersey (2009)/February 9, 2010 or when new plan issued -
N.J. Rev. Stat. § 17:48-6ii, § 17:48A-7ff, § 17:48E-35.33, § 17B:26-2.1cc, § 17B:27-46.1ii, § 17B:27A-7.16, § 17B:27A-19.20, § 26:2J-4.34, § 52:14-17.29p and § 52:14-17.46.6b (2009 N.J. Laws, Chap. 115, AB 2238 of 2009). N.J. Rev. Stat. § 17:48-6v, § 17:48A-7u, § 17:48E-35.20, § 17B:26-2.1s, § 17B:27-46.1v, § 17B:27A-7.5, § 17B:27A-19.7 and § 26:2J-4.20
See NCSL Summary, FAQ at Autism Votes
- New Mexico (2009)/June 19, 2009 - N.M. Stat. Ann. § 59A-22-49, § 59A-23-7.9, § 59A-46-50 and § 59A-47-45 (2009 N.M. Laws, Chap. 74, SB 39 of 2009, Fiscal Impact Report).
See NCSL Summary, FAQ at Autism Votes
- Pennsylvania (2008)/July 1, 2009 - Pa. Cons. Stat. tit. 40, § 764h (Pa. Laws, Act 2008-62, HB 1150 of 2008).
See NCSL Summary, FAQ at Autism Votes
- South Carolina (2007)/July 1, 2008 - S.C. Code Ann. § 38-71-280 (2007 S.C. Acts, Act 65; SB 20 of 2007: Fiscal Impact Statement).
See NCSL Summary, FAQ at Autism Votes
- Texas (2008)/January 1, 2010 - Tex. Insurance Code § 1355.015 (2007 Tex. Gen. Laws, Chap. 877; HB 1919 of 2007:, Fiscal Note).
See NCSL Summary, FAQ at Autism Votes
- Vermont S. 262. (2010)/July 1, 2011 but no later than July 1, 2012. Limited to children age 18 mos. to 6 yrs. Law includes feasibility study for expansion to older minors, other programs and coverage of BCBAs. 5/16/10 awaiting signature of Governor Jim Douglas.
See Autism Votes Vermont [blogpost]
- Wisconsin (2009)/November 1, 2009 - Wis. Stat. § 632.895(12m) and Wis. Stat. § 609.87 (Assembly Bill 75 of 2009; Act 28 of 2009). Wis. Stat. § 51.01(5a) . Admin. Code, Insurance Commissioner 6.54(3)(a) et seq.
Autism insurance legislation - active at the time of this post (green on map)
- Delaware SB 204- recognizes BCBAs or approved by DHS. Delaware legislature adjourns June 30. 2010.
Autism Delaware Facebook Group , Autism Votes Delaware [blogpost]
- District of Columbia B18-0528 Introduced on November 19, 2009. Last hearing on March 24, 2010. May be inactive, but status is unclear.
- Massachusetts H3809 . Would cover ABA and BCBAs.
- Michigan HB 4476 and HB 4183. Passed Michigan House June 24, 2009. On hold in the Senate Committee on Economic Development and Regulatory Reform..
- New York S.7000A & A.10372 . Neither bill explicitly states ABA nor provider competencies. Both bills passed initial committees in March 2010, have not progressed since.
Autism Votes New York. [blogpost on S.7000A] [blogpost on A.10372]
- North Carolina (subject to change by conference committee) HB 589 = S 375 - specifies "behavioral therapy, including but not limited to ABA. Service provider not specified. Legislative session commenced May 12, 2010 runs through mid July, dependent on adjournment resolution.
Autism Society of North Carolina, Autism Votes North Carolina. [blogpost]
- North Dakota (?) - per news story; no further reference at this time. Listed in NCSL 2010 Legislative Session Calendar as no regular session in 2010.
- Ohio HB 8. ABA included under habilitative or rehabilitative care. Provider not specified. Passed House on 12/8/09; in Senate Insurance, Commerce & Labor Committee since 12/9/09.
- Rhode Island HB 7260. Covers ABA. Bill being held for further study; Rhode Island legislature adjourns late June. S.2422. Does not cover ABA. Instructs higher ed to evaluate increasing preparation programs for PT, OT, nursing program and financial and scholarship incentives.
Autism insurance legislation - failed to pass or modified (M) from original purpose in 2010 (gray on map)
- Alaska HB 187; (May be on hold pending task force review) Did not specify competencies of "autism service provider". Legislature adjourned 4/18/10. [blogpost]
- (M) Georgia SB 161 - Insurance; require certain coverage for autism spectrum disorders; provide definitions. Modified by House Committee on Insurance to appoint a task force for study of education and services. Legislature adjourned.
- Maryland HB 1091 & SB 1028; Legislature adjourned before significant action taken [blogpost]
- Minnesota HF 359; language transferred to House HHS Omnibus Health Care bill; excised in Conference Committee [blogpost]
- Mississippi SB 2055, SB 2129, SB 2175, SB 2363, SB 2607, HB 1496. All "Died" in House and Senate Insurance Committees.
- Missouri SS/SB 618. Similar bill HB 1311&1341 passed in 2010 legislature. [blogpost]
- Virginia SB 464; reduced amount and age of coverage. Tabled by House Commerce and Labor committee. [blogpost]
- Washington HB 1210 & SB 5203; Carried over from 2009. No significant action taken in special session. [blogpost]
- West Virginia SB 145, HB 2858, HB 4410, HB 4215; No significant action. Legislature adjourned. [blogpost]
Other significant legislation passed related to practice of behavior analysis
Other significant legislation in progress
- California SB 1282 Applied behavior analysis services: California Behavioral Certification Organization. [blogpost]
- Massachusetts S. 45 Level IV Treatment Interventions & S. 46 Special Commission on Behavior Modification. [blogpost]
- Massachusetts S 2293, formerly S. 223 "An Act to improve augmentative and alternative communication opportunities for children with disabilities" Bill History. Problematic reference is inclusion of "facilitated communication" as communication modality.
- New York S.03676 Provides an exemption for individuals performing behavior analysis. [blogpost]
Other significant legislation on hold or "failed".
- Alaska HB 425 (On hold pending task force study). Would have created intervention system for ABA and provided supervised experience towards BACB certification. Legislature adjourned 4/18/10. [blogpost]
- Mississippi SB 2457 ("Died" in Education; Appropriations Committees). would have phased in training of personnel and routine school use of "applied behavior science" for the state's students with ASD.
- Missouri SB 1030 Creation of Behavior Analyst Advisory Board and licensure. Language rolled into autism insurance bills SS/S. 618 and passed HB 1311&1341. [blogpost]
*Federal legislation in progress
Restraint and seclusion legislation
- H.R. 4247 "Keeping All Students Safe Act . [blogpost]
- S. 2860 "A bill to protect students from inappropriate seclusion and physical restraint, and for other purposes". [blogpost]
Note: Many states are currently in the process of reviewing regulation or creating legislation issue of restraint and seclusion under the urging of Secretary of Education Arne Duncan and prompting of this Federal legislation. Please refer to your state legislature or Department of Education for the status of such actions.
Other Federal laws which may impact practice
- Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008
- H.R. 3590 Patient Protection and Affordable Care Act
- H.R. 4872, Reconciliation Act of 2010
[blogpost]
For more information/further reading
February 2010
National Conference of State Legislatures
National Conference of State Legislatures/NCSL
For autism legislation database and Legislative Session Calendar
Frequently Asked Questions About the State Autism Insurance Reform Laws
Autism Votes
Easter Seals
Thomas.gov (Search engine of the Library of Congress)
Federal Register: Tuesday, February 2, 2010
Part IV:
Department of the Treasury, Internal Revenue Service, 26 CFR Part 54
Department of Labor, Employee Benefits Security Administration, 29 CFR Part 2590
Department of Health and Human Services, Centers for Medicare & Medicaid Services, 45 CFR Part 146
Interim Final Rules Under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008; Final Rule
http://edocket.access.gpo.gov/2010/pdf/2010-2167.pdf
Tuesday, March 23, 2010
ABAI Practice Board blog
© 2010 Regina G. Claypool-Frey
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