Minnesota Legislature
SF 3879
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to insurance; specifying required behavioral health coverage for children
and young adults who have autism spectrum disorder; proposing coding for new
law in Minnesota Statutes, chapter 62Q.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[62Q.472] AUTISM SPECTRUM DISORDER; INCLUSION IN AND
PARITY OF COVERAGE REQUIRED.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the terms defined in
this subdivision have the meanings given.
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(b) "Autism spectrum disorders" or "ASD" means one or more of the following
conditions as determined by the criteria set forth in the most recent edition of the
Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric
Association (DSM-IV Manual):
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(1) autism or autistic disorder;
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(2) Asperger's syndrome;
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(3) Fragile X syndrome;
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(4) Rett's syndrome;
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(5) childhood disintegrative disorder; or
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(6) pervasive developmental disorder, not otherwise specified.
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(b) "Generally recognized services for treatment of autism spectrum disorder"
includes, but is not limited to:
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(1) evaluation and assessment services;
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(2) applied behavioral analysis;
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(3) behavior training and behavior management;
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(4) speech therapy;
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(5) occupational therapy;
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(6) physical therapy; and
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(7) medications and nutritional supplements.
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new text begin Subd. 2. new text end
new text begin Parity required. new text end
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(a) Health plan coverage of treatment for autism
spectrum disorders, to the extent that the treatment consists of mental health services, is
subject to section 62Q.47. This section does not limit coverage required under section
62Q.47 that applies to autism spectrum disorders.
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(b) Health plan coverage of treatment for autism spectrum disorders, to the extent
the treatment does not consist of mental health services, is subject to this subdivision and
must comply with the parity requirements of section 62Q.47 on the same basis as mental
health services, except as otherwise expressly provided in this section.
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new text begin Subd. 3. new text end
new text begin Coverage specifications. new text end
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Coverage required under subdivision 2,
paragraph (b):
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(1) must cover all generally recognized services related to autism spectrum disorder;
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(2) may be limited to patients who are diagnosed with autism spectrum disorder at
age 25 or younger;
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(3) may end at age 25; and
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(4) may be limited to treatment prescribed by the patient's licensed health care
provider under a treatment plan approved by the health plan company.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2009, and applies to
coverage offered, sold, issued, or renewed on or after that date.
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Sec. 2. new text begin AUTISM SPECTRUM DISORDER TASK FORCE.
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(a) The Autism Spectrum Disorder Task Force is created in the legislative branch of
state government.
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(b) The task force is composed of 13 members as follows:
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(1) three members of the senate, appointed by the senate Subcommittee on
Committees of the Committee on Rules and Legislative Administration;
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(2) three members of the house of representatives, appointed by the speaker of
the house;
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(3) a parent of a child on the autism spectrum who is a member of the State Special
Education Advisory Council, appointed by that organization;
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(4) an employee of the Department of Education who specializes in autism spectrum
disorders, appointed by the commissioner of education;
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(5) a pediatrician with expertise in mild to severe developmental disabilities affiliated
with the University of Minnesota Autism Treatment Clinic, appointed by that clinic;
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(6) a person appointed by the Autism Society of Minnesota;
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(7) a county representative employed in the public health or social service division of
a seven-county metropolitan county, appointed by the Minnesota Council on Disabilities;
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(8) a county representative form the public health or social services division of
a county outside of the seven-county metropolitan area, appointed by the Minnesota
Council on Disabilities; and
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(9) an employee of a school district who works with children who have autism
spectrum disorders, appointed by the Autism Society of Minnesota.
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Appointments must be made by September 1, 2009, and must be reported to the
Legislative Coordinating Commission.
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(c) The Departments of Education and Health shall provide substantive assistance to
the task force, including providing the task force with a count of children who have ASD
with an IEP and students with ASD who have a 504 plan. Additionally, the Department of
Health shall submit a count of the adults with ASD enrolled in social service programs,
and number of people with ASD who receive care under Special Needs Basic Care and
other waiver programs.
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(d) The Legislative Coordinating Commission shall provide administrative and
fiscal services to the task force.
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(e) The task force shall examine the following:
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(1) ways to improve services provided by the task force and all state and political
subdivisions;
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(2) sources of public funding available for treatment and ways to improve efficiency
in the use of those funds;
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(3) methods to improve coordination in the delivery of service between agencies,
health providers, and schools;
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(4) availability of medical providers of treatment for autism spectrum disorder and
how to increase their numbers;
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(5) scientific research on the most effective treatment methods; and
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(6) ways to enhance Minnesota's role in autism spectrum disorder research and
delivery of service.
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(f) The task force shall provide a written report to the legislature in compliance with
Minnesota Statutes, sections 3.195 and 3.197, on the following:
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(1) summary of the current service delivery model for children by medical,
behavioral, and school systems, and recommendations to improve the current model;
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(2) alternative methods for delivery, including a model that integrates medical and
behavioral therapy;
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(3) summary of current treatment protocols and recommendations to improve
treatment protocols based on current scientific autism spectrum disorder research;
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(4) summary of qualified medical and behavioral providers to treat autism spectrum
disorder in Minnesota and how to increase the number of these providers; and
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(5) barriers that may exist to providing care to children diagnosed with autism
spectrum disorder and recommendations to eliminate those barriers.
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(g) The task force shall issue its report no later than December 15, 2010. The task
force terminates June 30, 2011.
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(h) The task force shall elect a permanent or temporary chair or cochairs at its first
meeting.
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(i) Nonlegislator members shall serve without pay but shall receive compensation
for expenses under Minnesota Statutes, section 15.059, subdivision 3. Compensation for
legislator members is subject to the rules of the house of representatives and senate.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2009.
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