Florida Senate - 2013                                     SB 128
       
       
       
       By Senator Ring
       
       
       
       
       29-00086-13                                            2013128__
    1                        A bill to be entitled                      
    2         An act relating to autism; creating s. 381.986, F.S.;
    3         requiring that a physician refer a minor to an
    4         appropriate specialist for screening for autism
    5         spectrum disorder under certain circumstances;
    6         defining the term “appropriate specialist”; amending
    7         ss. 627.6686 and 641.31098, F.S.; defining the term
    8         “direct patient access”; requiring that certain
    9         insurers and health maintenance organizations provide
   10         direct patient access to an appropriate specialist for
   11         screening for or evaluation or diagnosis of autism
   12         spectrum disorder; requiring that certain insurance
   13         policies and health maintenance organization contracts
   14         provide a minimum number of visits per year for
   15         screening for or evaluation or diagnosis of autism
   16         spectrum disorder; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 381.986, Florida Statutes, is created to
   21  read:
   22         381.986Screening for autism spectrum disorder.—
   23         (1) If the parent or legal guardian of a minor believes
   24  that the minor exhibits symptoms of autism spectrum disorder,
   25  the parent or legal guardian may report his or her observation
   26  to a physician licensed under chapter 458 or chapter 459. The
   27  physician shall perform screening in accordance with the
   28  guidelines of the American Academy of Pediatrics’ guidelines. If
   29  the physician determines that referral to a specialist is
   30  medically necessary, the physician shall refer the minor to an
   31  appropriate specialist to determine whether the minor meets
   32  diagnostic criteria for autism spectrum disorder. If the
   33  physician determines that referral to a specialist is not
   34  medically necessary, the physician shall inform the parent or
   35  legal guardian of the option for the parent or guardian to refer
   36  the child to the Early Steps Program or other specialist in
   37  autism. This section does not apply to a physician providing
   38  care under s. 395.1041.
   39         (2) As used in this section, the term “appropriate
   40  specialist” means a qualified professional licensed in this
   41  state who is experienced in the evaluation of autism spectrum
   42  disorder and has training in validated diagnostic tools. The
   43  term includes, but is not limited to:
   44         (a) A psychologist;
   45         (b) A psychiatrist;
   46         (c) A neurologist; or
   47         (d) A developmental or behavioral pediatrician.
   48         Section 2. Section 627.6686, Florida Statutes, is amended
   49  to read:
   50         627.6686 Coverage for individuals with autism spectrum
   51  disorder required; exception.—
   52         (1) This section and s. 641.31098 may be cited as the
   53  “Steven A. Geller Autism Coverage Act.”
   54         (2) As used in this section, the term:
   55         (a) “Applied behavior analysis” means the design,
   56  implementation, and evaluation of environmental modifications,
   57  using behavioral stimuli and consequences, to produce socially
   58  significant improvement in human behavior, including, but not
   59  limited to, the use of direct observation, measurement, and
   60  functional analysis of the relations between environment and
   61  behavior.
   62         (b) “Autism spectrum disorder” means any of the following
   63  disorders as defined in the most recent edition of the
   64  Diagnostic and Statistical Manual of Mental Disorders of the
   65  American Psychiatric Association:
   66         1. Autistic disorder.
   67         2. Asperger’s syndrome.
   68         3. Pervasive developmental disorder not otherwise
   69  specified.
   70         (c)“Direct patient access” means the ability of an insured
   71  to obtain services from a contracted provider without a referral
   72  or other authorization before receiving services.
   73         (d)(c) “Eligible individual” means an individual under 18
   74  years of age or an individual 18 years of age or older who is in
   75  high school who has been diagnosed as having a developmental
   76  disability at 8 years of age or younger.
   77         (e)(d) “Health insurance plan” means a group health
   78  insurance policy or group health benefit plan offered by an
   79  insurer which includes the state group insurance program
   80  provided under s. 110.123. The term does not include any health
   81  insurance plan offered in the individual market, any health
   82  insurance plan that is individually underwritten, or any health
   83  insurance plan provided to a small employer.
   84         (f)(e) “Insurer” means an insurer providing health
   85  insurance coverage, which is licensed to engage in the business
   86  of insurance in this state and is subject to insurance
   87  regulation.
   88         (3) A health insurance plan issued or renewed on or after
   89  January 1, 2014 April 1, 2009, shall provide coverage to an
   90  eligible individual for:
   91         (a) Direct patient access to an appropriate specialist, as
   92  defined in s. 381.986, for a minimum of three visits per policy
   93  year for screening for or evaluation or diagnosis of autism
   94  spectrum disorder.
   95         (b)(a) Well-baby and well-child screening for diagnosing
   96  the presence of autism spectrum disorder.
   97         (c)(b) Treatment of autism spectrum disorder through speech
   98  therapy, occupational therapy, physical therapy, and applied
   99  behavior analysis. Applied behavior analysis services shall be
  100  provided by an individual certified pursuant to s. 393.17 or an
  101  individual licensed under chapter 490 or chapter 491.
  102         (4) The coverage required pursuant to subsection (3) is
  103  subject to the following requirements:
  104         (a) Coverage shall be limited to treatment that is
  105  prescribed by the insured’s treating physician in accordance
  106  with a treatment plan.
  107         (b) Coverage for the services described in subsection (3)
  108  shall be limited to $36,000 annually and may not exceed $200,000
  109  in total lifetime benefits.
  110         (c) Coverage may not be denied on the basis that provided
  111  services are habilitative in nature.
  112         (d) Coverage may be subject to other general exclusions and
  113  limitations of the insurer’s policy or plan, including, but not
  114  limited to, coordination of benefits, participating provider
  115  requirements, restrictions on services provided by family or
  116  household members, and utilization review of health care
  117  services, including the review of medical necessity, case
  118  management, and other managed care provisions.
  119         (5) The coverage required pursuant to subsection (3) may
  120  not be subject to dollar limits, deductibles, or coinsurance
  121  provisions that are less favorable to an insured than the dollar
  122  limits, deductibles, or coinsurance provisions that apply to
  123  physical illnesses that are generally covered under the health
  124  insurance plan, except as otherwise provided in subsection (4).
  125         (6) An insurer may not deny or refuse to issue coverage for
  126  medically necessary services, refuse to contract with, or refuse
  127  to renew or reissue or otherwise terminate or restrict coverage
  128  for an individual because the individual is diagnosed as having
  129  a developmental disability.
  130         (7) The treatment plan required pursuant to subsection (4)
  131  must shall include all elements necessary for the health
  132  insurance plan to appropriately pay claims. These elements
  133  include, but are not limited to, a diagnosis, the proposed
  134  treatment by type, the frequency and duration of treatment, the
  135  anticipated outcomes stated as goals, the frequency with which
  136  the treatment plan will be updated, and the signature of the
  137  treating physician.
  138         (8) Beginning January 1, 2011, The maximum benefit under
  139  paragraph (4)(b) shall be adjusted annually on January 1 of each
  140  calendar year to reflect any change from the previous year in
  141  the medical component of the then current Consumer Price Index
  142  for All Urban Consumers, published by the Bureau of Labor
  143  Statistics of the United States Department of Labor.
  144         (9) This section does may not limit be construed as
  145  limiting benefits and coverage otherwise available to an insured
  146  under a health insurance plan.
  147         Section 3. Section 641.31098, Florida Statutes, is amended
  148  to read:
  149         641.31098 Coverage for individuals with developmental
  150  disabilities.—
  151         (1) This section and s. 627.6686 may be cited as the
  152  “Steven A. Geller Autism Coverage Act.”
  153         (2) As used in this section, the term:
  154         (a) “Applied behavior analysis” means the design,
  155  implementation, and evaluation of environmental modifications,
  156  using behavioral stimuli and consequences, to produce socially
  157  significant improvement in human behavior, including, but not
  158  limited to, the use of direct observation, measurement, and
  159  functional analysis of the relations between environment and
  160  behavior.
  161         (b) “Autism spectrum disorder” means any of the following
  162  disorders as defined in the most recent edition of the
  163  Diagnostic and Statistical Manual of Mental Disorders of the
  164  American Psychiatric Association:
  165         1. Autistic disorder.
  166         2. Asperger’s syndrome.
  167         3. Pervasive developmental disorder not otherwise
  168  specified.
  169         (c)“Direct patient access” means the ability of an insured
  170  to obtain services from an in-network provider without a
  171  referral or other authorization before receiving services.
  172         (d)(c) “Eligible individual” means an individual under 18
  173  years of age or an individual 18 years of age or older who is in
  174  high school who has been diagnosed as having a developmental
  175  disability at 8 years of age or younger.
  176         (e)(d) “Health maintenance contract” means a group health
  177  maintenance contract offered by a health maintenance
  178  organization. This term does not include a health maintenance
  179  contract offered in the individual market, a health maintenance
  180  contract that is individually underwritten, or a health
  181  maintenance contract provided to a small employer.
  182         (3) A health maintenance contract issued or renewed on or
  183  after January 1, 2014 April 1, 2009, shall provide coverage to
  184  an eligible individual for:
  185         (a) Direct patient access to an appropriate specialist, as
  186  defined in s. 381.986, for a minimum of three visits per policy
  187  year for screening for or evaluation or diagnosis of autism
  188  spectrum disorder.
  189         (b)(a) Well-baby and well-child screening for diagnosing
  190  the presence of autism spectrum disorder.
  191         (c)(b) Treatment of autism spectrum disorder through speech
  192  therapy, occupational therapy, physical therapy, and applied
  193  behavior analysis services. Applied behavior analysis services
  194  shall be provided by an individual certified pursuant to s.
  195  393.17 or an individual licensed under chapter 490 or chapter
  196  491.
  197         (4) The coverage required pursuant to subsection (3) is
  198  subject to the following requirements:
  199         (a) Coverage shall be limited to treatment that is
  200  prescribed by the subscriber’s treating physician in accordance
  201  with a treatment plan.
  202         (b) Coverage for the services described in subsection (3)
  203  shall be limited to $36,000 annually and may not exceed $200,000
  204  in total benefits.
  205         (c) Coverage may not be denied on the basis that provided
  206  services are habilitative in nature.
  207         (d) Coverage may be subject to general exclusions and
  208  limitations of the subscriber’s contract, including, but not
  209  limited to, coordination of benefits, participating provider
  210  requirements, and utilization review of health care services,
  211  including the review of medical necessity, case management, and
  212  other managed care provisions.
  213         (5) The coverage required pursuant to subsection (3) may
  214  not be subject to dollar limits, deductibles, or coinsurance
  215  provisions that are less favorable to a subscriber than the
  216  dollar limits, deductibles, or coinsurance provisions that apply
  217  to physical illnesses that are generally covered under the
  218  subscriber’s contract, except as otherwise provided in
  219  subsection (3).
  220         (6) A health maintenance organization may not deny or
  221  refuse to issue coverage for medically necessary services,
  222  refuse to contract with, or refuse to renew or reissue or
  223  otherwise terminate or restrict coverage for an individual
  224  solely because the individual is diagnosed as having a
  225  developmental disability.
  226         (7) The treatment plan required pursuant to subsection (4)
  227  must shall include, but need is not be limited to, a diagnosis,
  228  the proposed treatment by type, the frequency and duration of
  229  treatment, the anticipated outcomes stated as goals, the
  230  frequency with which the treatment plan will be updated, and the
  231  signature of the treating physician.
  232         (8) Beginning January 1, 2011, The maximum benefit under
  233  paragraph (4)(b) shall be adjusted annually on January 1 of each
  234  calendar year to reflect any change from the previous year in
  235  the medical component of the then current Consumer Price Index
  236  for All Urban Consumers, published by the Bureau of Labor
  237  Statistics of the United States Department of Labor.
  238         Section 4. This act shall take effect July 1, 2013.