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Minnesota Legislature

Office of the Revisor of Statutes

SF 3879

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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4.16

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.

new text begin [62Q.472] AUTISM SPECTRUM DISORDER; INCLUSION IN AND
PARITY OF COVERAGE REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in
this subdivision have the meanings given.
new text end

new text begin (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):
new text end

new text begin (1) autism or autistic disorder;
new text end

new text begin (2) Asperger's syndrome;
new text end

new text begin (3) Fragile X syndrome;
new text end

new text begin (4) Rett's syndrome;
new text end

new text begin (5) childhood disintegrative disorder; or
new text end

new text begin (6) pervasive developmental disorder, not otherwise specified.
new text end

new text begin (b) "Generally recognized services for treatment of autism spectrum disorder"
includes, but is not limited to:
new text end

new text begin (1) evaluation and assessment services;
new text end

new text begin (2) applied behavioral analysis;
new text end

new text begin (3) behavior training and behavior management;
new text end

new text begin (4) speech therapy;
new text end

new text begin (5) occupational therapy;
new text end

new text begin (6) physical therapy; and
new text end

new text begin (7) medications and nutritional supplements.
new text end

new text begin Subd. 2. new text end

new text begin Parity required. new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Coverage specifications. new text end

new text begin Coverage required under subdivision 2,
paragraph (b):
new text end

new text begin (1) must cover all generally recognized services related to autism spectrum disorder;
new text end

new text begin (2) may be limited to patients who are diagnosed with autism spectrum disorder at
age 25 or younger;
new text end

new text begin (3) may end at age 25; and
new text end

new text begin (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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
coverage offered, sold, issued, or renewed on or after that date.
new text end

Sec. 2. new text beginAUTISM SPECTRUM DISORDER TASK FORCE.
new text end

new text begin (a) The Autism Spectrum Disorder Task Force is created in the legislative branch of
state government.
new text end

new text begin (b) The task force is composed of 13 members as follows:
new text end

new text begin (1) three members of the senate, appointed by the senate Subcommittee on
Committees of the Committee on Rules and Legislative Administration;
new text end

new text begin (2) three members of the house of representatives, appointed by the speaker of
the house;
new text end

new text begin (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;
new text end

new text begin (4) an employee of the Department of Education who specializes in autism spectrum
disorders, appointed by the commissioner of education;
new text end

new text begin (5) a pediatrician with expertise in mild to severe developmental disabilities affiliated
with the University of Minnesota Autism Treatment Clinic, appointed by that clinic;
new text end

new text begin (6) a person appointed by the Autism Society of Minnesota;
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (9) an employee of a school district who works with children who have autism
spectrum disorders, appointed by the Autism Society of Minnesota.
new text end

new text begin Appointments must be made by September 1, 2009, and must be reported to the
Legislative Coordinating Commission.
new text end

new text begin (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.
new text end

new text begin (d) The Legislative Coordinating Commission shall provide administrative and
fiscal services to the task force.
new text end

new text begin (e) The task force shall examine the following:
new text end

new text begin (1) ways to improve services provided by the task force and all state and political
subdivisions;
new text end

new text begin (2) sources of public funding available for treatment and ways to improve efficiency
in the use of those funds;
new text end

new text begin (3) methods to improve coordination in the delivery of service between agencies,
health providers, and schools;
new text end

new text begin (4) availability of medical providers of treatment for autism spectrum disorder and
how to increase their numbers;
new text end

new text begin (5) scientific research on the most effective treatment methods; and
new text end

new text begin (6) ways to enhance Minnesota's role in autism spectrum disorder research and
delivery of service.
new text end

new text begin (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:
new text end

new text begin (1) summary of the current service delivery model for children by medical,
behavioral, and school systems, and recommendations to improve the current model;
new text end

new text begin (2) alternative methods for delivery, including a model that integrates medical and
behavioral therapy;
new text end

new text begin (3) summary of current treatment protocols and recommendations to improve
treatment protocols based on current scientific autism spectrum disorder research;
new text end

new text begin (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
new text end

new text begin (5) barriers that may exist to providing care to children diagnosed with autism
spectrum disorder and recommendations to eliminate those barriers.
new text end

new text begin (g) The task force shall issue its report no later than December 15, 2010. The task
force terminates June 30, 2011.
new text end

new text begin (h) The task force shall elect a permanent or temporary chair or cochairs at its first
meeting.
new text end

new text begin (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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end