| 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 appropriate |
| 4 | specialist for screening for autism spectrum disorder |
| 5 | under certain circumstances; defining the term |
| 6 | "appropriate specialist"; amending ss. 627.6686 and |
| 7 | 641.31098, F.S.; defining the term "direct patient |
| 8 | access"; requiring that certain insurers and health |
| 9 | maintenance organizations provide direct patient access to |
| 10 | an appropriate specialist for screening for or evaluation |
| 11 | or diagnosis of autism spectrum disorder; requiring |
| 12 | certain insurance policies and health maintenance |
| 13 | organization contracts to provide a minimum number of |
| 14 | visits per year for screening for or evaluation or |
| 15 | diagnosis of autism spectrum disorder; providing an |
| 16 | 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 |
| 21 | to read: |
| 22 | 381.986 Screening 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 |
| 48 | by the Children's Medical Services Early Steps Program within |
| 49 | the 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 |
| 73 | insured 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 |
| 100 | speech therapy, occupational therapy, physical therapy, and |
| 101 | applied behavior analysis. Applied behavior analysis services |
| 102 | shall be provided by an individual certified pursuant to s. |
| 103 | 393.17 or an individual licensed under chapter 490 or chapter |
| 104 | 491. |
| 105 | (4) The coverage required pursuant to subsection (3) is |
| 106 | subject to the following requirements: |
| 107 | (a) Coverage shall be limited to treatment that is |
| 108 | prescribed by the insured's treating physician in accordance |
| 109 | with a treatment plan. |
| 110 | (b) Coverage for the services described in subsection (3) |
| 111 | shall be limited to $36,000 annually and may not exceed $200,000 |
| 112 | in total lifetime benefits. |
| 113 | (c) Coverage may not be denied on the basis that provided |
| 114 | services are habilitative in nature. |
| 115 | (d) Coverage may be subject to other general exclusions |
| 116 | and limitations of the insurer's policy or plan, including, but |
| 117 | not limited to, coordination of benefits, participating provider |
| 118 | requirements, restrictions on services provided by family or |
| 119 | household members, and utilization review of health care |
| 120 | services, including the review of medical necessity, case |
| 121 | management, and other managed care provisions. |
| 122 | (5) The coverage required pursuant to subsection (3) may |
| 123 | not be subject to dollar limits, deductibles, or coinsurance |
| 124 | provisions that are less favorable to an insured than the dollar |
| 125 | limits, deductibles, or coinsurance provisions that apply to |
| 126 | physical illnesses that are generally covered under the health |
| 127 | insurance plan, except as otherwise provided in subsection (4). |
| 128 | (6) An insurer may not deny or refuse to issue coverage |
| 129 | for medically necessary services, refuse to contract with, or |
| 130 | refuse to renew or reissue or otherwise terminate or restrict |
| 131 | coverage for an individual because the individual is diagnosed |
| 132 | as having a developmental disability. |
| 133 | (7) The treatment plan required pursuant to subsection (4) |
| 134 | shall include all elements necessary for the health insurance |
| 135 | plan to appropriately pay claims. These elements include, but |
| 136 | are not limited to, a diagnosis, the proposed treatment by type, |
| 137 | the frequency and duration of treatment, the anticipated |
| 138 | outcomes stated as goals, the frequency with which the treatment |
| 139 | plan will be updated, and the signature of the treating |
| 140 | physician. |
| 141 | (8) Beginning January 1, 2011, the maximum benefit under |
| 142 | paragraph (4)(b) shall be adjusted annually on January 1 of each |
| 143 | calendar year to reflect any change from the previous year in |
| 144 | the medical component of the then current Consumer Price Index |
| 145 | for all urban consumers, published by the Bureau of Labor |
| 146 | Statistics of the United States Department of Labor. |
| 147 | (9) This section may not be construed as limiting benefits |
| 148 | and coverage otherwise available to an insured under a health |
| 149 | insurance plan. |
| 150 | (10) The Office of Insurance Regulation may not enforce |
| 151 | this section against an insurer that is a signatory no later |
| 152 | than April 1, 2009, to the developmental disabilities compact |
| 153 | established under s. 624.916. The Office of Insurance Regulation |
| 154 | shall enforce this section against an insurer that is a |
| 155 | signatory to the compact established under s. 624.916 if the |
| 156 | insurer has not complied with the terms of the compact for all |
| 157 | health insurance plans by April 1, 2010. |
| 158 | Section 3. Section 641.31098, Florida Statutes, is amended |
| 159 | to read: |
| 160 | 641.31098 Coverage for individuals with developmental |
| 161 | disabilities.- |
| 162 | (1) This section and s. 627.6686 may be cited as the |
| 163 | "Steven A. Geller Autism Coverage Act." |
| 164 | (2) As used in this section, the term: |
| 165 | (a) "Applied behavior analysis" means the design, |
| 166 | implementation, and evaluation of environmental modifications, |
| 167 | using behavioral stimuli and consequences, to produce socially |
| 168 | significant improvement in human behavior, including, but not |
| 169 | limited to, the use of direct observation, measurement, and |
| 170 | functional analysis of the relations between environment and |
| 171 | behavior. |
| 172 | (b) "Autism spectrum disorder" means any of the following |
| 173 | disorders as defined in the most recent edition of the |
| 174 | Diagnostic and Statistical Manual of Mental Disorders of the |
| 175 | American Psychiatric Association: |
| 176 | 1. Autistic disorder. |
| 177 | 2. Asperger's syndrome. |
| 178 | 3. Pervasive developmental disorder not otherwise |
| 179 | specified. |
| 180 | (c) "Direct patient access" means the ability of an |
| 181 | insured to obtain services from an in-network provider without a |
| 182 | referral or other authorization before receiving services. |
| 183 | (d)(c) "Eligible individual" means an individual under 18 |
| 184 | years of age or an individual 18 years of age or older who is in |
| 185 | high school and who has been diagnosed as having a developmental |
| 186 | disability at 8 years of age or younger. |
| 187 | (e)(d) "Health maintenance contract" means a group health |
| 188 | maintenance contract offered by a health maintenance |
| 189 | organization. The This term does not include a health |
| 190 | maintenance contract offered in the individual market, a health |
| 191 | maintenance contract that is individually underwritten, or a |
| 192 | health maintenance contract provided to a small employer. |
| 193 | (3) A health maintenance contract issued or renewed on or |
| 194 | after April 1, 2009, shall provide coverage to an eligible |
| 195 | individual for: |
| 196 | (a) Direct patient access to an appropriate specialist, as |
| 197 | defined in s. 381.986, for a minimum of three visits per policy |
| 198 | year for screening for or evaluation or diagnosis of autism |
| 199 | spectrum disorder. |
| 200 | (b)(a) Well-baby and well-child screening for diagnosing |
| 201 | the presence of autism spectrum disorder. |
| 202 | (c)(b) Treatment of autism spectrum disorder through |
| 203 | speech therapy, occupational therapy, physical therapy, and |
| 204 | applied behavior analysis services. Applied behavior analysis |
| 205 | services shall be provided by an individual certified pursuant |
| 206 | to s. 393.17 or an individual licensed under chapter 490 or |
| 207 | chapter 491. |
| 208 | (4) The coverage required pursuant to subsection (3) is |
| 209 | subject to the following requirements: |
| 210 | (a) Coverage shall be limited to treatment that is |
| 211 | prescribed by the subscriber's treating physician in accordance |
| 212 | with a treatment plan. |
| 213 | (b) Coverage for the services described in subsection (3) |
| 214 | shall be limited to $36,000 annually and may not exceed $200,000 |
| 215 | in total benefits. |
| 216 | (c) Coverage may not be denied on the basis that provided |
| 217 | services are habilitative in nature. |
| 218 | (d) Coverage may be subject to general exclusions and |
| 219 | limitations of the subscriber's contract, including, but not |
| 220 | limited to, coordination of benefits, participating provider |
| 221 | requirements, and utilization review of health care services, |
| 222 | including the review of medical necessity, case management, and |
| 223 | other managed care provisions. |
| 224 | (5) The coverage required pursuant to subsection (3) may |
| 225 | not be subject to dollar limits, deductibles, or coinsurance |
| 226 | provisions that are less favorable to a subscriber than the |
| 227 | dollar limits, deductibles, or coinsurance provisions that apply |
| 228 | to physical illnesses that are generally covered under the |
| 229 | subscriber's contract, except as otherwise provided in |
| 230 | subsection (3). |
| 231 | (6) A health maintenance organization may not deny or |
| 232 | refuse to issue coverage for medically necessary services, |
| 233 | refuse to contract with, or refuse to renew or reissue or |
| 234 | otherwise terminate or restrict coverage for an individual |
| 235 | solely because the individual is diagnosed as having a |
| 236 | developmental disability. |
| 237 | (7) The treatment plan required pursuant to subsection (4) |
| 238 | shall include, but is not limited to, a diagnosis, the proposed |
| 239 | treatment by type, the frequency and duration of treatment, the |
| 240 | anticipated outcomes stated as goals, the frequency with which |
| 241 | the treatment plan will be updated, and the signature of the |
| 242 | treating physician. |
| 243 | (8) Beginning January 1, 2011, the maximum benefit under |
| 244 | paragraph (4)(b) shall be adjusted annually on January 1 of each |
| 245 | calendar year to reflect any change from the previous year in |
| 246 | the medical component of the then current Consumer Price Index |
| 247 | for all urban consumers, published by the Bureau of Labor |
| 248 | Statistics of the United States Department of Labor. |
| 249 | (9) The Office of Insurance Regulation may not enforce |
| 250 | this section against a health maintenance organization that is a |
| 251 | signatory no later than April 1, 2009, to the developmental |
| 252 | disabilities compact established under s. 624.916. The Office of |
| 253 | Insurance Regulation shall enforce this section against a health |
| 254 | maintenance organization that is a signatory to the compact |
| 255 | established under s. 624.916 if the health maintenance |
| 256 | organization has not complied with the terms of the compact for |
| 257 | all health maintenance contracts by April 1, 2010. |
| 258 | Section 4. This act shall take effect July 1, 2011. |