| 1 | A bill to be entitled |
| 2 | An act relating to autism; creating s. 381.986, F.S.; |
| 3 | providing a short title; requiring that a physician refer |
| 4 | a minor child to an appropriate specialist for screening |
| 5 | for autism spectrum disorder under certain circumstances; |
| 6 | excepting physicians providing certain emergency care; |
| 7 | defining the term "appropriate specialist"; amending s. |
| 8 | 627.6686, F.S.; requiring health insurance plan coverage |
| 9 | for the evaluation and diagnosis of autism spectrum |
| 10 | disorder; creating s. 641.63, F.S.; requiring health |
| 11 | maintenance organizations to provide direct patient access |
| 12 | to an appropriate specialist for screening, evaluation, |
| 13 | and diagnosis of autism spectrum disorder; defining the |
| 14 | term "direct patient access"; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 381.986, Florida Statutes, is created |
| 19 | to read: |
| 20 | 381.986 Screening, evaluation, and diagnosis of autism |
| 21 | spectrum disorder.-- |
| 22 | (1) This section may be cited as the "Autism Screening, |
| 23 | Evaluation, and Diagnosis Act." |
| 24 | (2)(a) If the parent or legal guardian of a minor child |
| 25 | observes the child exhibit symptoms that the parent or legal |
| 26 | guardian believes to be symptoms of autism spectrum disorder or |
| 27 | associated developmental delays, the parent or legal guardian |
| 28 | may report his or her observation to a physician licensed in |
| 29 | this state. Except as provided in paragraph (b), the physician |
| 30 | shall immediately refer the child to an appropriate specialist |
| 31 | for screening for autism spectrum disorder if the referral is |
| 32 | clinically indicated after examination and initial screening. |
| 33 | (b) This section does not apply to a physician providing |
| 34 | care pursuant to s. 395.1041. |
| 35 | (3) As used in this section, the term "appropriate |
| 36 | specialist" means a qualified professional with training in |
| 37 | validated diagnostic tools who is experienced in the evaluation |
| 38 | of autism spectrum disorder. The term includes, but is not |
| 39 | limited to, a person who is licensed in this state as: |
| 40 | (a) A psychologist; |
| 41 | (b) A psychiatrist; |
| 42 | (c) A board-certified behavior analyst; |
| 43 | (d) A neurologist; |
| 44 | (e) A developmental or behavioral pediatrician who |
| 45 | specializes in child neurology; |
| 46 | (f) A speech-language pathologist; or |
| 47 | (g) A licensed professional deemed appropriate by the |
| 48 | Division of Children's Medical Services Network of the |
| 49 | Department of Health for purposes of early intervention services |
| 50 | for infants and toddlers with disabilities provided under part C |
| 51 | of the federal Individuals with Disabilities Education Act. |
| 52 | Section 2. Subsection (3) of section 627.6686, Florida |
| 53 | Statutes, is amended to read: |
| 54 | 627.6686 Coverage for individuals with autism spectrum |
| 55 | disorder required; exception.-- |
| 56 | (3) A health insurance plan issued or renewed on or after |
| 57 | April 1, 2009, shall provide coverage to an eligible individual |
| 58 | for: |
| 59 | (a) Well-baby and well-child screening for diagnosing the |
| 60 | presence of autism spectrum disorder. |
| 61 | (b) Evaluation and diagnosis of autism spectrum disorder. |
| 62 | (c)(b) Treatment of autism spectrum disorder through |
| 63 | speech therapy, occupational therapy, physical therapy, and |
| 64 | applied behavior analysis. Applied behavior analysis services |
| 65 | shall be provided by an individual certified pursuant to s. |
| 66 | 393.17 or an individual licensed under chapter 490 or chapter |
| 67 | 491. |
| 68 | Section 3. Section 641.63, Florida Statutes, is created to |
| 69 | read: |
| 70 | 641.63 Direct patient access to specialists for the |
| 71 | screening, evaluation, and diagnosis of autism spectrum |
| 72 | disorder.--Notwithstanding any provision of law to the contrary, |
| 73 | a health maintenance organization as defined in s. 641.19 shall |
| 74 | provide direct patient access to an appropriate specialist as |
| 75 | defined in s. 381.986 for the screening, evaluation, and |
| 76 | diagnosis of autism spectrum disorder. As used in this section, |
| 77 | the term "direct patient access" has the same meaning as in s. |
| 78 | 641.31(33). |
| 79 | Section 4. This act shall take effect July 1, 2009. |