Florida Senate - 2011                                     SB 100
       
       
       
       By Senator Ring
       
       
       
       
       32-00093A-11                                           2011100__
    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 certain insurance
   13         policies and health maintenance organization contracts
   14         to 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 in this state. The physician shall
   27  perform screening in accordance with American Academy of
   28  Pediatrics’ guidelines. If the physician determines that
   29  referral to a specialist is medically necessary, the physician
   30  shall refer the minor to an appropriate specialist to determine
   31  whether the minor meets diagnostic criteria for autism spectrum
   32  disorder. If the physician determines that referral to a
   33  specialist is not medically necessary, the physician shall
   34  inform the parent or legal guardian of the option for the parent
   35  or guardian to refer the child to the Early Steps Program or
   36  other specialist in autism. This section does not apply to a
   37  physician providing care under s. 395.1041.
   38         (2) As used in this section, the term “appropriate
   39  specialist” means a qualified professional licensed in this
   40  state who is experienced in the evaluation of autism spectrum
   41  disorder and has training in validated diagnostic tools. The
   42  term includes, but is not limited to:
   43         (a) A psychologist;
   44         (b) A psychiatrist;
   45         (c) A neurologist;
   46         (d) A developmental or behavioral pediatrician; or
   47         (e) A professional whose licensure is deemed appropriate by
   48  the Children’s Medical Services Early Steps Program within the
   49  Department of Health.
   50         Section 2. Section 627.6686, Florida Statutes, is amended
   51  to read:
   52         627.6686 Coverage for individuals with autism spectrum
   53  disorder required; exception.—
   54         (1) This section and s. 641.31098 may be cited as the
   55  “Steven A. Geller Autism Coverage Act.”
   56         (2) As used in this section, the term:
   57         (a) “Applied behavior analysis” means the design,
   58  implementation, and evaluation of environmental modifications,
   59  using behavioral stimuli and consequences, to produce socially
   60  significant improvement in human behavior, including, but not
   61  limited to, the use of direct observation, measurement, and
   62  functional analysis of the relations between environment and
   63  behavior.
   64         (b) “Autism spectrum disorder” means any of the following
   65  disorders as defined in the most recent edition of the
   66  Diagnostic and Statistical Manual of Mental Disorders of the
   67  American Psychiatric Association:
   68         1. Autistic disorder.
   69         2. Asperger’s syndrome.
   70         3. Pervasive developmental disorder not otherwise
   71  specified.
   72         (c)“Direct patient access” means the ability of an insured
   73  to obtain services from an in-network provider without a
   74  referral or other authorization before receiving services.
   75         (d)(c) “Eligible individual” means an individual under 18
   76  years of age or an individual 18 years of age or older who is in
   77  high school and who has been diagnosed as having a developmental
   78  disability at 8 years of age or younger.
   79         (e)(d) “Health insurance plan” means a group health
   80  insurance policy or group health benefit plan offered by an
   81  insurer which includes the state group insurance program
   82  provided under s. 110.123. The term does not include a any
   83  health insurance plan offered in the individual market, a any
   84  health insurance plan that is individually underwritten, or a
   85  any health insurance plan provided to a small employer.
   86         (f)(e) “Insurer” means an insurer providing health
   87  insurance coverage, which is licensed to engage in the business
   88  of insurance in this state and is subject to insurance
   89  regulation.
   90         (3) A health insurance plan issued or renewed on or after
   91  April 1, 2009, shall provide coverage to an eligible individual
   92  for:
   93         (a) Direct patient access to an appropriate specialist, as
   94  defined in s. 381.986, for a minimum of three visits per policy
   95  year for screening for or evaluation or diagnosis of autism
   96  spectrum disorder.
   97         (b)(a) Well-baby and well-child screening for diagnosing
   98  the presence of autism spectrum disorder.
   99         (c)(b) Treatment of autism spectrum disorder through speech
  100  therapy, occupational therapy, physical therapy, and applied
  101  behavior analysis. Applied behavior analysis services shall be
  102  provided by an individual certified pursuant to s. 393.17 or an
  103  individual licensed under chapter 490 or chapter 491.
  104         (4) The coverage required pursuant to subsection (3) is
  105  subject to the following requirements:
  106         (a) Coverage shall be limited to treatment that is
  107  prescribed by the insured’s treating physician in accordance
  108  with a treatment plan.
  109         (b) Coverage for the services described in subsection (3)
  110  shall be limited to $36,000 annually and may not exceed $200,000
  111  in total lifetime benefits.
  112         (c) Coverage may not be denied on the basis that provided
  113  services are habilitative in nature.
  114         (d) Coverage may be subject to other general exclusions and
  115  limitations of the insurer’s policy or plan, including, but not
  116  limited to, coordination of benefits, participating provider
  117  requirements, restrictions on services provided by family or
  118  household members, and utilization review of health care
  119  services, including the review of medical necessity, case
  120  management, and other managed care provisions.
  121         (5) The coverage required pursuant to subsection (3) may
  122  not be subject to dollar limits, deductibles, or coinsurance
  123  provisions that are less favorable to an insured than the dollar
  124  limits, deductibles, or coinsurance provisions that apply to
  125  physical illnesses that are generally covered under the health
  126  insurance plan, except as otherwise provided in subsection (4).
  127         (6) An insurer may not deny or refuse to issue coverage for
  128  medically necessary services, refuse to contract with, or refuse
  129  to renew or reissue or otherwise terminate or restrict coverage
  130  for an individual because the individual is diagnosed as having
  131  a developmental disability.
  132         (7) The treatment plan required pursuant to subsection (4)
  133  shall include all elements necessary for the health insurance
  134  plan to appropriately pay claims. These elements include, but
  135  are not limited to, a diagnosis, the proposed treatment by type,
  136  the frequency and duration of treatment, the anticipated
  137  outcomes stated as goals, the frequency with which the treatment
  138  plan will be updated, and the signature of the treating
  139  physician.
  140         (8) Beginning January 1, 2011, the maximum benefit under
  141  paragraph (4)(b) shall be adjusted annually on January 1 of each
  142  calendar year to reflect any change from the previous year in
  143  the medical component of the then current Consumer Price Index
  144  for all urban consumers, published by the Bureau of Labor
  145  Statistics of the United States Department of Labor.
  146         (9) This section may not be construed as limiting benefits
  147  and coverage otherwise available to an insured under a health
  148  insurance plan.
  149         (10) The Office of Insurance Regulation may not enforce
  150  this section against an insurer that is a signatory no later
  151  than April 1, 2009, to the developmental disabilities compact
  152  established under s. 624.916. The Office of Insurance Regulation
  153  shall enforce this section against an insurer that is a
  154  signatory to the compact established under s. 624.916 if the
  155  insurer has not complied with the terms of the compact for all
  156  health insurance plans by April 1, 2010.
  157         Section 3. Section 641.31098, Florida Statutes, is amended
  158  to read:
  159         641.31098 Coverage for individuals with developmental
  160  disabilities.—
  161         (1) This section and s. 627.6686 may be cited as the
  162  “Steven A. Geller Autism Coverage Act.”
  163         (2) As used in this section, the term:
  164         (a) “Applied behavior analysis” means the design,
  165  implementation, and evaluation of environmental modifications,
  166  using behavioral stimuli and consequences, to produce socially
  167  significant improvement in human behavior, including, but not
  168  limited to, the use of direct observation, measurement, and
  169  functional analysis of the relations between environment and
  170  behavior.
  171         (b) “Autism spectrum disorder” means any of the following
  172  disorders as defined in the most recent edition of the
  173  Diagnostic and Statistical Manual of Mental Disorders of the
  174  American Psychiatric Association:
  175         1. Autistic disorder.
  176         2. Asperger’s syndrome.
  177         3. Pervasive developmental disorder not otherwise
  178  specified.
  179         (c)“Direct patient access” means the ability of an insured
  180  to obtain services from an in-network provider without a
  181  referral or other authorization before receiving services.
  182         (d)(c) “Eligible individual” means an individual under 18
  183  years of age or an individual 18 years of age or older who is in
  184  high school and who has been diagnosed as having a developmental
  185  disability at 8 years of age or younger.
  186         (e)(d) “Health maintenance contract” means a group health
  187  maintenance contract offered by a health maintenance
  188  organization. The This term does not include a health
  189  maintenance contract offered in the individual market, a health
  190  maintenance contract that is individually underwritten, or a
  191  health maintenance contract provided to a small employer.
  192         (3) A health maintenance contract issued or renewed on or
  193  after April 1, 2009, shall provide coverage to an eligible
  194  individual for:
  195         (a) Direct patient access to an appropriate specialist, as
  196  defined in s. 381.986, for a minimum of three visits per policy
  197  year for screening for or evaluation or diagnosis of autism
  198  spectrum disorder.
  199         (b)(a) Well-baby and well-child screening for diagnosing
  200  the presence of autism spectrum disorder.
  201         (c)(b) Treatment of autism spectrum disorder through speech
  202  therapy, occupational therapy, physical therapy, and applied
  203  behavior analysis services. Applied behavior analysis services
  204  shall be provided by an individual certified pursuant to s.
  205  393.17 or an individual licensed under chapter 490 or chapter
  206  491.
  207         (4) The coverage required pursuant to subsection (3) is
  208  subject to the following requirements:
  209         (a) Coverage shall be limited to treatment that is
  210  prescribed by the subscriber’s treating physician in accordance
  211  with a treatment plan.
  212         (b) Coverage for the services described in subsection (3)
  213  shall be limited to $36,000 annually and may not exceed $200,000
  214  in total benefits.
  215         (c) Coverage may not be denied on the basis that provided
  216  services are habilitative in nature.
  217         (d) Coverage may be subject to general exclusions and
  218  limitations of the subscriber’s contract, including, but not
  219  limited to, coordination of benefits, participating provider
  220  requirements, and utilization review of health care services,
  221  including the review of medical necessity, case management, and
  222  other managed care provisions.
  223         (5) The coverage required pursuant to subsection (3) may
  224  not be subject to dollar limits, deductibles, or coinsurance
  225  provisions that are less favorable to a subscriber than the
  226  dollar limits, deductibles, or coinsurance provisions that apply
  227  to physical illnesses that are generally covered under the
  228  subscriber’s contract, except as otherwise provided in
  229  subsection (3).
  230         (6) A health maintenance organization may not deny or
  231  refuse to issue coverage for medically necessary services,
  232  refuse to contract with, or refuse to renew or reissue or
  233  otherwise terminate or restrict coverage for an individual
  234  solely because the individual is diagnosed as having a
  235  developmental disability.
  236         (7) The treatment plan required pursuant to subsection (4)
  237  shall include, but is not limited to, a diagnosis, the proposed
  238  treatment by type, the frequency and duration of treatment, the
  239  anticipated outcomes stated as goals, the frequency with which
  240  the treatment plan will be updated, and the signature of the
  241  treating physician.
  242         (8) Beginning January 1, 2011, the maximum benefit under
  243  paragraph (4)(b) shall be adjusted annually on January 1 of each
  244  calendar year to reflect any change from the previous year in
  245  the medical component of the then current Consumer Price Index
  246  for all urban consumers, published by the Bureau of Labor
  247  Statistics of the United States Department of Labor.
  248         (9) The Office of Insurance Regulation may not enforce this
  249  section against a health maintenance organization that is a
  250  signatory no later than April 1, 2009, to the developmental
  251  disabilities compact established under s. 624.916. The Office of
  252  Insurance Regulation shall enforce this section against a health
  253  maintenance organization that is a signatory to the compact
  254  established under s. 624.916 if the health maintenance
  255  organization has not complied with the terms of the compact for
  256  all health maintenance contracts by April 1, 2010.
  257         Section 4. This act shall take effect July 1, 2011.