Florida Senate - 2025                                     SB 756
       
       
        
       By Senator Burton
       
       
       
       
       
       12-00487-25                                            2025756__
    1                        A bill to be entitled                      
    2         An act relating to health insurance coverage for
    3         individuals with developmental disabilities; amending
    4         ss. 627.6686 and 641.31098, F.S.; revising the
    5         definitions of the terms “autism spectrum disorder”
    6         and “eligible individual”; reenacting ss. 409.906(26)
    7         and 943.1727, F.S., relating to optional Medicaid
    8         services and continued employment training relating to
    9         autism spectrum disorder, respectively, to incorporate
   10         the amendment made to s. 627.6686, F.S., in references
   11         thereto; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraphs (b) and (c) of subsection (2) of
   16  section 627.6686, Florida Statutes, are amended to read:
   17         627.6686 Coverage for individuals with autism spectrum
   18  disorder required; exception.—
   19         (2) As used in this section, the term:
   20         (b) “Autism spectrum disorder” has the same meaning as
   21  means any of the following disorders as defined in the most
   22  recent edition of the Diagnostic and Statistical Manual of
   23  Mental Disorders of the American Psychiatric Association:
   24         1. Autistic disorder.
   25         2. Asperger’s syndrome.
   26         3. Pervasive developmental disorder not otherwise
   27  specified.
   28         (c) “Eligible individual” means an individual under 18
   29  years of age or an individual 18 years of age or older who is in
   30  high school who has been diagnosed as having a developmental
   31  disability at 8 years of age or younger.
   32         Section 2. Paragraphs (b) and (c) of subsection (2) of
   33  section 641.31098, Florida Statutes, are amended to read:
   34         641.31098 Coverage for individuals with developmental
   35  disabilities.—
   36         (2) As used in this section, the term:
   37         (b) “Autism spectrum disorder” has the same meaning as
   38  means any of the following disorders as defined in the most
   39  recent edition of the Diagnostic and Statistical Manual of
   40  Mental Disorders of the American Psychiatric Association:
   41         1. Autistic disorder.
   42         2. Asperger’s syndrome.
   43         3. Pervasive developmental disorder not otherwise
   44  specified.
   45         (c) “Eligible individual” means an individual under 18
   46  years of age or an individual 18 years of age or older who is in
   47  high school who has been diagnosed as having a developmental
   48  disability at 8 years of age or younger.
   49         Section 3. For the purpose of incorporating the amendment
   50  made by this act to section 627.6686, Florida Statutes, in a
   51  reference thereto, subsection (26) of section 409.906, Florida
   52  Statutes, is reenacted to read:
   53         409.906 Optional Medicaid services.—Subject to specific
   54  appropriations, the agency may make payments for services which
   55  are optional to the state under Title XIX of the Social Security
   56  Act and are furnished by Medicaid providers to recipients who
   57  are determined to be eligible on the dates on which the services
   58  were provided. Any optional service that is provided shall be
   59  provided only when medically necessary and in accordance with
   60  state and federal law. Optional services rendered by providers
   61  in mobile units to Medicaid recipients may be restricted or
   62  prohibited by the agency. Nothing in this section shall be
   63  construed to prevent or limit the agency from adjusting fees,
   64  reimbursement rates, lengths of stay, number of visits, or
   65  number of services, or making any other adjustments necessary to
   66  comply with the availability of moneys and any limitations or
   67  directions provided for in the General Appropriations Act or
   68  chapter 216. If necessary to safeguard the state’s systems of
   69  providing services to elderly and disabled persons and subject
   70  to the notice and review provisions of s. 216.177, the Governor
   71  may direct the Agency for Health Care Administration to amend
   72  the Medicaid state plan to delete the optional Medicaid service
   73  known as “Intermediate Care Facilities for the Developmentally
   74  Disabled.” Optional services may include:
   75         (26) HOME AND COMMUNITY-BASED SERVICES FOR AUTISM SPECTRUM
   76  DISORDER AND OTHER DEVELOPMENTAL DISABILITIES.—The agency is
   77  authorized to seek federal approval through a Medicaid waiver or
   78  a state plan amendment for the provision of occupational
   79  therapy, speech therapy, physical therapy, behavior analysis,
   80  and behavior assistant services to individuals who are 5 years
   81  of age and under and have a diagnosed developmental disability
   82  as defined in s. 393.063, autism spectrum disorder as defined in
   83  s. 627.6686, or Down syndrome, a genetic disorder caused by the
   84  presence of extra chromosomal material on chromosome 21. Causes
   85  of the syndrome may include Trisomy 21, Mosaicism, Robertsonian
   86  Translocation, and other duplications of a portion of chromosome
   87  21. Coverage for such services shall be limited to $36,000
   88  annually and may not exceed $108,000 in total lifetime benefits.
   89  The agency shall submit an annual report on January 1 to the
   90  President of the Senate, the Speaker of the House of
   91  Representatives, and the relevant committees of the Senate and
   92  the House of Representatives regarding progress on obtaining
   93  federal approval and recommendations for the implementation of
   94  these home and community-based services. The agency may not
   95  implement this subsection without prior legislative approval.
   96         Section 4. For the purpose of incorporating the amendment
   97  made by this act to section 627.6686, Florida Statutes, in a
   98  reference thereto, section 943.1727, Florida Statutes, is
   99  reenacted to read:
  100         943.1727 Continued employment training relating to autism
  101  spectrum disorder.—The department shall establish a continued
  102  employment training component relating to autism spectrum
  103  disorder as defined in s. 627.6686. The training component shall
  104  include, but need not be limited to, instruction on the
  105  recognition of the symptoms and characteristics of an individual
  106  on the autism disorder spectrum and appropriate responses to an
  107  individual exhibiting such symptoms and characteristics.
  108  Completion of the training component may count toward the 40
  109  hours of instruction for continued employment or appointment as
  110  a law enforcement officer required under s. 943.135.
  111         Section 5. This act shall take effect July 1, 2025.