BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 28, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          SB  
          1034 (Mitchell) - As Amended May 31, 2016


          SENATE VOTE:  25-12


          SUBJECT:  Health care coverage:  autism.


          SUMMARY:  Eliminates the sunset date on the health insurance  
          mandate to cover behavioral health treatment (BHT) for pervasive  
          developmental disorder (PDD) or autism, and prohibits health  
          care service plans (health plan) or health insurers from  
          excluding medically necessary BHT on the basis of setting,  
          location, time of treatment, or lack of parent or caregiver  
          participation.  Specifically, this bill:  


          1)Revises the BHT definition to include other evidence-based  
            behavior intervention programs that maintain the functioning  
            of an individual with PDD, as specified.


          2)Deletes requirements that qualified autism service (QAS)  
            professionals and paraprofessionals be employed by QAS  
            providers.  


          3)Requires treatment plans to be reviewed no more than once  








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            every six months by a QAS provider, unless a shorter period is  
            recommended by the QAS provider.  Revises previous  
            requirements that the treatment plan be reviewed no less than  
            once every six months.  


          4)Specifies that an intervention plan include parent or  
            caregiver participation as recommended by a QAS provider and  
            prohibits lack of parent or caregiver participation from being  
            used to deny or reduce medically necessary BHT.  


          5)Allows intensive behavioral intervention services to be  
            discontinued when continued therapy is not necessary to  
            maintain function or prevent deterioration.  


          6)Revises the prohibition that the treatment plan not be used  
            for the purposes of providing or for the reimbursement of  
            academic services.  Prohibits health plans or health insurers  
            from excluding medically necessary BHT on the basis of  
            setting, location, or time of treatment.  


          7)Revises the definition of a QAS professional to include an  
            individual providing BHT, including clinical management and  
            case supervision; deletes the requirement that the individual  
            be employed by a QAS provider; and, deletes the requirement  
            that the individual be a behavioral service provider approved  
            as a vendor by a California regional center and instead  
            requires the behavioral service provider meet the education  
            and experience qualified in existing regulations, as defined.   



          8)Revises the definition of QAS paraprofessional to delete the  
            requirement that the individual be employed by a QAS provider  
            and to include language indicating that the treatment plan be  
            developed and approved by a QAS professional.








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          9)Deletes exemptions from the law for health plans that  
            participate in the Healthy Families Program (which no longer  
            exists) and California Public Employees' Retirement System  
            (CalPERS).


          10)Deletes the sunset in existing law.  


          11)Prohibits construing this bill from requiring coverage for  
            services that are included in a patient's individualized  
            education program (IEP).  


          12)Makes other conforming and technical changes.  


          EXISTING LAW:  


          1)Establishes the Department of Managed Health Care (DMHC) to  
            regulate health plans; the California Department of Insurance  
            (CDI) to regulate health insurers; and, the California Health  
            Benefit Exchange (the Exchange or Covered California) to  
            compare and make available through selective contracting  
            health insurance for individual and small business purchasers  
            as authorized under the federal Patient Protection and  
            Affordable Care Act (ACA).

          2)Requires health plans and insurers providing health coverage  
            in the individual and small group markets to cover, at a  
            minimum, essential health benefits (EHBs), including the 10  
            EHB benefit categories in the ACA, and consistent with  
            California's EHB benchmark plan, the Kaiser Foundation Health  
            Plan Small Group HMO 30 plan (Kaiser benchmark), as specified  
            in state law.  









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          3)Requires issuers of individual and small group coverage to, at  
            a minimum, cover EHBs in the following 10 categories:   
            ambulatory patient services, emergency services,  
            hospitalization, maternity and newborn care, mental health and  
            substance use disorder services, including BHT, prescription  
            drugs, rehabilitative and habilitative services and devices,  
            laboratory services, preventive and wellness services and  
            chronic disease management, and pediatric services, including  
            oral and vision care.

          4)Requires every health plan contract that provides hospital,  
            medical, or surgical coverage and health insurance policy to  
            also provide coverage for BHT for PDD or autism no later than  
            July 1, 2012.  Requires the coverage to be provided in the  
            same manner and to be subject to the same requirements as  
            provided in California's mental health parity law.  

          5)Defines BHT to mean specified services provided by, among  
            others, a QAS professional supervised and employed by a  
            qualified autism service provider.  Defines a QAS professional  
            to mean a person who, among other requirements, is a behavior  
            service provider approved as a vendor by a California regional  
            center to provide services as an associate behavior analyst,  
            behavior analyst, behavior management assistant, behavior  
            management consultant, or behavior management program pursuant  
            to specified regulations adopted under the Lanterman  
            Developmental Disabilities Services Act.

          6)Requires DMHC, in consultation with CDI, to convene a task  
            force by February 1, 2012, to develop recommendations  
            regarding BHT that are medically necessary for the treatment  
            of individuals with PDD or autism, as specified.  Requires  
            DMHC to submit a report of the task force to the Governor,  
            President pro Tem of the Senate, the Speaker of the Assembly,  
            and the Senate and Assembly Committees on Health by December  
            31, 2012, on which date the task force ceases to exist.

          7)Exempts from 4) above a specialized health plan or health  
            insurance policy that does not deliver mental health or  








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            behavioral health services to enrollees, or an accident only,  
            specified disease, hospital indemnity, or Medicare supplement  
            policy, a health plan contract or health insurance policy  
            under Medi-Cal or Healthy Families Program, and a health care  
            benefit plan or contract with CalPERS.

          8)Sunsets the provisions described in 4) through 7) above on  
            January 1, 2017.

          9)Establishes the independent medical review (IMR) process as  
            part of the DMHC or CDI appeal process.  Makes IMR available  
            to the enrollee or insured after participation in a health  
            plan or health insurer's grievance process.

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)One-time costs of about $50,000 and ongoing costs of $15,000  
            per year to review health plan filings for compliance with the  
            requirements of this bill and to undertake any necessary  
            enforcement actions by the DMHC (Managed Care Fund).



          2)Likely costs of less than $100,000 per year for review of  
            health insurance plan filings and enforcement actions by the  
            CDI (Insurance Fund).
            


          3)No state costs are anticipated due to the elimination of the  
            existing sunset on the benefit mandate or the extension of the  
            existing benefit mandate to CalPERS coverage.  While existing  
            law specifically mandates coverage for BHT, separate federal  
            and state mental health parity requirements and requirements  
            for the provision of EHBs implicitly require coverage for BHT  
            for autism and related disorders.  Therefore, elimination of  
            the statutory sunset and extension of the mandate to CalPERS  








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            health coverage will not increase state costs, because CalPERS  
            plans would have to provide coverage for these services even  
            without a specific benefit mandate.  Nor will eliminating the  
            sunset require the state to pay for the costs to subsidize  
            coverage for BHT coverage for subsidized Covered California  
            plans.
            


          4)Ongoing costs of about $300,000 per year due to a minor  
            increase in health care premiums to CalPERS due to the  
            expansion of the existing benefit mandate to require coverage  
            to "keep" the functioning of eligible individuals (General  
            Fund, special funds, and local funds).  About half of the  
            above costs would accrue to the state and half to local  
            governments.  See below.



          5)Uncertain impact on CalPERS health care costs from other  
            changes to the existing benefit mandate in the bill (General  
            Fund, special funds, and local funds).  According to the  
            California Health Benefits Review Program (CHBRP), there are  
            several changes to the existing benefit mandate that could  
            increase utilization of services, but that CHBRP was unable to  
            quantify.  To the extent that those factors do increase  
            utilization, premium costs to CalPERS would increase. 



          6)No increased costs for the Medi-Cal program are anticipated  
            due to this bill.  Current law exempts Medi-Cal managed care  
            plans from the existing benefit mandate. (However, federal  
            guidance requires coverage for BHT for Medi-Cal enrollees with  
            autism or related disorders. The state has just begun  
            providing this benefit in Medi-Cal and is in the process of  
            transitioning Medi-Cal enrollee previously served by regional  
            centers to having coverage provided by Medi-Cal.)  This bill  
            does not eliminate the existing Medi-Cal exemption.








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          COMMENTS:


          1)PURPOSE OF THIS BILL.  According to the author, this bill  
            would ensure that children diagnosed with autism continue to  
            have access to medically necessary treatments to increase  
            their quality of life and functional independence by removing  
            the 2017 sunset on the requirement for health plans and health  
            insurers to provide BHT to children with autism.   
            According to one of this bill's cosponsors, Autism Speaks,  
            since the passage of SB 946 (Steinberg), Chapter 650, Statutes  
            of 2011, countless children have received treatment through  
            their health plans.  Prior to the passage of SB 946, families  
            (with health insurance) often paid upwards of $50,000 per  
            year.  In the process, many risked their homes and the  
            educations of their unaffected children - essentially  
            mortgaging their entire futures.  Alternately, services were  
            provided by regional and developmental centers at a high cost  
            to the state.  Removing the sunset will allow children with  
            autism to continue to receive medically necessary BHT from QAS  
            providers.


            According to the Centers for Disease Control and Prevention,  
            autism spectrum disorder (ASD) is a developmental disability  
            that can cause significant social, communication, and  
            behavioral challenges.  A diagnosis of ASD now includes  
            several conditions that used to be diagnosed separately:   
            autistic disorder, PDD not otherwise specified, and Asperger  
            syndrome.  These conditions are now all called ASD.  About one  
            in 68 or 1.5% of children were identified with ASD based on  
            tracking in 11 communities across the United States in 2012.


          2)BACKGROUND.  
             a)   CHBRP analysis.  AB 1996 (Thomson), Chapter 795,  








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               Statutes of 2002, requests the University of California to  
               assess legislation proposing a mandated benefit or service  
               and prepare a written analysis with relevant data on the  
               medical, economic, and public health impacts of proposed  
               health plan and health insurance benefit mandate  
               legislation.  CHBRP was created in response to AB 1996.  SB  
               125 (Hernandez), Chapter 9, Statutes of 2015, added an  
               impact assessment on EHBs, and legislation that impacts  
               health insurance benefit designs, cost sharing, premiums,  
               and other health insurance topics.  CHBRP states in its  
               analysis of this bill, as introduced on February 12, 2016,  
               the following:


                i)      Enrollees covered.  In 2017, 18.3 million of 25.2  
                  million Californians would have state-regulated health  
                  insurance that would be subject to this bill.  Of the  
                  varied requirements, this bill would place on  
                  DMHC-regulated plans and CDI-regulated insurers, CHBRP  
                  can only quantify the impacts of coverage for BHT for  
                  ASD for maintenance. Currently 6% of enrollees with  
                  health insurance that would be subject to this bill have  
                  such coverage; postmandate 100% would.  This bill's  
                  other coverage requirements might have an impact on  
                  enrollees' health insurance, but CHBRP is unable to  
                  quantify such effects.


                ii)     Impact on expenditures.  Total premiums and cost  
                  sharing would increase by $8.3 million (0.006%).   Post  
                  mandate, as a result of the coverage change for BHT for  
                  ASD for maintenance, assuming that maintenance BHT would  
                  occur for persons with ASD who use a moderate amount of  
                  BHT (defined as $10,000-$30,000 per year), CHBRP would  
                  expect an initial year increase in utilization from  
                  approximately 44 to 47 annual hours per 1,000 enrollees  
                  with health insurance subject to this bill. 










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                iii)    EHBs.  For two reasons, this bill would not  
                  trigger financial costs to the state for exceeding EHBs.  
                   First, this bill alters the terms and conditions of an  
                  existing benefit mandate, but does not require an  
                  additional benefit to be covered.  Second, the current  
                  law that this bill would alter expressly indicates that  
                  it ceases to function if it exceeds EHBs and this bill  
                  does not eliminate this clause of the current law (so  
                  neither the current law nor the version this bill would  
                  create function if they are deemed to exceed EHBs). 


                iv)     Medical effectiveness.  CHBRP found insufficient  
                  evidence to determine whether BHT aimed at maintaining  
                  function derived from intensive BHT is effective.   
                  Studies have not separately examined its effects on  
                  improvement of functioning from its effects on  
                  maintenance of improvements in functioning.  In light of  
                  the large body of evidence from studies with moderately  
                  strong research designs that BHT improves functioning  
                  across multiple domains, it stands to reason that it  
                  could also be useful for maintaining functioning.  A  
                  preponderance of evidence from studies with moderately  
                  strong research designs suggests that parent/caregiver  
                  involvement in BHT improves outcomes.  However, evidence  
                  also suggests that BHT is more effective than usual care  
                  regardless of the degree of parent/caregiver  
                  involvement.  There is a preponderance of evidence from  
                  studies with moderately strong research designs that BHT  
                  can be delivered effectively in multiple settings. There  
                  is insufficient evidence to assess the impact of  
                  prohibiting health plans from reviewing treatment plans  
                  more frequently than every six months.  There is a  
                  preponderance of evidence from studies with moderately  
                  strong research designs that BHT provided by persons who  
                  are trained or supervised by experienced BHT providers  
                  improves outcomes.










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                v)      Benefit coverage.  Of the varied requirements this  
                  bill would place on DMHC-regulated plans and  
                  CDI-regulated insurers, CHBRP can only quantify the  
                  impacts of coverage for BHT for ASD for maintenance.   
                  Currently 6% of enrollees with health insurance that  
                  would be subject to this bill have such coverage;  
                  postmandate 100% would.  This bill's other coverage  
                  requirements might have an impact on enrollees' health  
                  insurance, but CHBRP is unable to quantify such effects.  



                vi)     Utilization.  Post mandate, as a result of the  
                  coverage change for BHT for ASD for maintenance,  
                  assuming that maintenance BHT would occur for persons  
                  with ASD who use a moderate amount of BHT (defined as  
                  $10,000-$30,000 per year), CHBRP would expect an initial  
                  year increase in utilization from approximately 44 to 47  
                  annual hours per 1,000 enrollees with health insurance  
                  subject to this bill. 


                vii)    Public Health.  CHBRP found wide variance in  
                  individual outcomes from BHT for ASD and insufficient  
                  literature from longitudinal studies to indicate that  
                  ongoing maintenance therapy is effective or necessary to  
                  preserve gains conferred by early intensive BHT.   
                  Therefore, CHBRP concludes that the overall public  
                  health impact of this bill is unknown.  However, to the  
                  extent that maintenance therapy is comprised of less  
                  intensive applications of medically-effective BHT, such  
                  as applied behavioral analysis, it would be reasonable  
                  to assume that, for some children and adolescents with a  
                  history of BHT for ASD, maintenance therapy would  
                  reinforce and possibly enhance gains in intelligence  
                  quotient, adaptive social behaviors, and language  
                  skills. 










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                viii)   Long-term impacts.  Although CHBRP can make only  
                  directional statements, a number of aspects of this bill  
                  could lead to greater increases in utilization of BHT in  
                  the first year and in years following.  This bill's  
                  prohibition against denials based on parent/caregiver  
                  involvement may increase some enrollees' use of BHT as a  
                  covered benefit.  In addition, the elimination of  
                  restrictions on settings may increase use, particularly  
                  as public schools could now be covered settings.  It is  
                  also possible that utilization of maintenance BHT among  
                  the older population with ASD may increase. Although  
                  older people may not currently use BHT for skill  
                  acquisition purposes, providers may develop an  
                  applicable treatment plan for maintenance of gains made  
                  through prior courses of BHT among their older patients.  
                   Although not quantifiable at this time, expenditure  
                  increases would correspond to utilization increases.  
                  Although not quantifiable at this time, increases in  
                  utilization could also be expected to result in some  
                  increase in some desirable health outcomes among some  
                  persons with ASD.


             b)   SB 946.  SB 946 was signed into law on October 9, 2011.   
               SB 946 imposes a temporary set of rules regarding BHT that  
               health plans and health insurers in California must cover  
               for individuals with autism and PDD.  SB 946 also  
               identifies the required qualifications of individuals who  
               provide BHT, and permits individuals who are not licensed  
               by the state to provide BHT, as long as the detailed  
               criteria set forth in the bill are met.  SB 946 also  
               required the DMHC to convene an Autism Advisory Task Force  
               (Task Force) by February 1, 2012, to develop  
               recommendations regarding medically necessary BHT for  
               individuals with autism or PDD, as well as the appropriate  
               qualifications, training and supervision for providers of  
               such treatment.  SB 946 also required the Task Force to  
               develop recommendations regarding the education, training,  
               and experience requirements that unlicensed individuals  








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               providing BHT must meet in order to obtain licensure from  
               the state.



             c)   Task Force. The Chair of the Task Force was the DMHC  
               Director, who was a non-voting member, and 17 other members  
               were appointed by the DMHC.  Members of the Task Force  
               include parents of children with autism and individuals  
               with legal, health plan, behavioral health, and medical  
               expertise.  The charge of the Task Force was to make  
               recommendations to inform state policymaking and guide  
               future recommendations addressing six subjects and develop  
               recommendations regarding the education, training, and  
               experience requirements that unlicensed individuals  
               providing autism services shall meet in order to secure a  
               license from the state.  The six subjects are:



               i)     Interventions that have been scientifically  
                 validated and have demonstrated clinical efficacy;

               ii)    Interventions that have measurable treatment  
                 outcomes;

               iii)   Patient selection, monitoring, and duration of  
                 therapy;

               iv)    Qualifications, training, and supervision of  
                 providers;

               v)     Adequate networks of providers; and,

               vi)    The education, training, and experience requirements  
                                                                                       that unlicensed individuals providing autism services  
                 shall meet in order to secure a license from the state.










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          A guiding principle of the Task Force was that every individual  
          with autism or PDD is unique.  Individuals have different  
          combinations of characteristics, different needs for assistance,  
          and respond differently to treatment.  Therefore, behavioral  
          health interventions need to be highly individualized.  Since  
          treatment selection should be made by a team of individuals who  
          can consider the unique needs and history of the individual with  
          autism or PDD, the Task Force determined that it would not be  
          informative to state policymakers to merely develop a list of  
          BHTs that are determined to be effective, based solely on  
          current scientific literature.  Since scientific research and  
          findings naturally advance, the Task Force determined that the  
          choice of BHTs should be grounded in scientific evidence,  
          clinical practice guidelines, and/or evidence based practice.  
          With regard to PDD or autism, the Task Force considers the  
          following diagnoses to fall under the definition:  PDD-not  
          otherwise specified, Autistic Disorder, Asperger Syndrome,  
          Rett's Syndrome, and Childhood Disintegrative Disorder.  

          The Task Force reached consensus on 54 of 55 recommendations and  
          approved one recommendation by a vote of the majority.  The Task  
          Force concluded that all "top level" (undefined) providers  
          should be licensed by the state, and set forth a process for  
          establishing a new professional license for "Licensed Behavioral  
          Health Practitioner."  The Task Force recommended that the  
          license requirement not take effect until three years after the  
          license is established, and an interim commission be formed to  
          implement the new license until a board is able to do so.  The  
          Task Force also recommended all providers of autism services be  
          registered with the state's TrustLine Registry or comparable  
          system as a condition of employment by service organizations and  
          contracting with health plans and health insurers. TrustLine  
          uses the criminal history background check system to check the  
          fingerprints of applicants, and checks for evidence of  
          additional criminal records.

             d)   IEPs.  Pursuant to the federal Individuals with  
               Disabilities Education Act, children with disabilities are  








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               guaranteed the right to a free, appropriate public  
               education, including necessary services for a child to  
               benefit from his or her education.  Between 1976 and 1984,  
               to meet this federal mandate, California schools provided  
               mental health services to special education students who  
               needed the services pursuant to an IEP.  An IEP is a  
               legally binding document that determines what special  
               education services a child will receive and why.  IEPs  
               include a child's classification, placement, specialized  
               services, academic and behavioral goals, a behavior plan if  
               needed, percentage of time in regular education, and  
               progress reports from teachers and therapists.  A child may  
               require any related services in order to benefit from  
               special education, including, but not limited to:   
               speech-language pathology and audiology services; early  
               identification and assessment of disabilities in children;  
               medical services; physical and occupational therapy;  
               orientation and mobility services; and, psychological  
               services.  According to the California Department of  
               Education, over 700,000 (approximately 11%) California  
               students received special education services in the 2013-14  
               academic year.

          3)SUPPORT.  Autism Speaks, cosponsors of this bill, states that  
            SB 946 included a sunset to provide an opportunity for the  
            Legislature to revisit issues related to mandated benefits,  
            the ACA and the state's fiscal responsibility and now that  
            some of these issues have been resolved, this bill will allow  
            children with autism to continue to receive medically  
            necessary BHT from QAS professionals.  The Center for Autism  
            and Related Disorders, cosponsors of this bill, states that  
            this bill makes changes to existing statute that will ensure  
            timely access and limit delays to treatment.  Autism Deserves  
            Equal Coverage Foundation states that this bill cleans up the  
            language to address outstanding confusion and  
            misinterpretation of the statute by health plans and health  
            insurers.  The California School Employees Association,  
            AFL-CIO, states this bill is a compassionate bill that  
            recognizes the challenges autistic children face and the need  








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            for services that help them and those who care for them.  


            Special Needs Network (SNN), cosponsors of this bill, states  
            that this bill clarifies that services cannot be denied solely  
            because they occur on the school-site or because they occur  
            between the hours of nine and three when an individual  
            "should" be in school.  Medical necessity needs to determine  
            location and time of day of treatment, not arbitrary limits.   
            This bill also clarifies that services cannot be denied solely  
            due to lack of the ability for parents to participate in the  
            care.  SNN contends that some health plans have set 100%  
            participation requirements, which are not appropriate and  
            violate federal mental health parity law. Additionally, SNN  
            states that such requirements have a disproportionate impact  
            limiting access to care for low income families and families  
            of color, who may not be able to take off work to be present  
            for 100% of their child's treatment.  According to SNN, this  
            bill clarifies the QAS professional (middle tier) is allowed  
            to supervise and provide case management for health plans,  
            under the supervision of a licensed or certified QAS provider,  
            in the same way they are allowed to do so for regional  
            centers, which was always the intent. Without the  
            clarification, health plans are interpreting the law  
            differently. This clarification could significantly alleviate  
            with capacity issues for plans not using the QAS professional  
            in this capacity.


          4)OPPOSITION.  The California Chamber of Commerce contends that  
            this bill will limit the ability of health care issuers to  
            promote and manage the use of applied behavioral analysis for  
            children with autism, and will add to the problem of rising  
            health care costs, making it harder for Californians to access  
            other important care.  America's Health Insurance Plans  
            contends that this bill will drive up costs for consumers and  
            stifle the use of innovative, evidence-based medicine.  The  
            Association of California Life and Health Insurance Companies  
            (ACLHIC) contends that this bill radically alters the standard  








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            of care by requiring coverage "at any location or time" as  
            current law requires health insurers to cover care provided in  
            traditional and widely accepted locations.  ACLHIC contends  
            that this bill's expansion could lead to inadequate care being  
            provided in an unsuitable location with little benefit to the  
            patient.  ACLHIC also contends that federal law requires  
            schools to facilitate participation in the educational  
            environments and should health insurers be required to cover  
            the cost of treatment in schools, federal funding could be  
            curtailed or eliminated and cause an increase in premiums and  
            decrease in educational assistance by school districts.   
            Finally, ACLHIC states that this bill's provision regarding  
            parental participation runs afoul of accepted best practices  
            and is completely unsupported by medical literature or peer  
            review.  The California Association of Health Plans contends  
            that coverage for maintenance services is not supported by  
            medical literature and limitations on parent participation go  
            against clinical best practices.  


          5)RELATED LEGISLATION.  


             a)   AB 796 (Nazarian) requires the Department of  
               Developmental Services, no later than July 1, 2018, with  
               input from stakeholders, as specified, to develop a  
               methodology for determining what constitutes an  
               evidence-based practice in the field of BHT for autism and  
               pervasive developmental disorder and to update regulations  
               to set forth the minimum standards of education, training,  
               and professional experience for QAS professionals and  
               paraprofessionals, as specified.  AB 796 is pending in the  
               Senate Human Services Committee.

             b)   SB 479 (Bates) would establish the Behavior Analyst Act  
               which requires a person to apply for and obtain a license  
               from the Board of Psychology prior to engaging in the  
               practice of behavior analysis, as defined, either as a  
               behavior analyst or an assistant behavior analyst, and meet  








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               certain educational and training requirements.  SB 479 is  
               pending in the Assembly Appropriations Committee.

          6)PREVIOUS LEGISLATION.  


             a)   AB 2041 (Jones) of 2014, would have required that a  
               regional center classify a vendor as a behavior management  
               consultant or behavior management assistant if the vendor  
               designs or implements evidence-based BHT, has a specified  
               amount of experience in designing or implementing that  
               treatment, and meets other licensure and education  
               requirements. AB 2041 would have required the Department of  
               Developmental Services to amend its regulations as  
               necessary to implement the provisions of the bill.  AB 2041  
               died in the Senate Appropriations Committee. 


             b)   SB 126 (Steinberg), Chapter 680, Statutes of 2013,  
               extends, until January 1, 2017, the sunset date of an  
               existing state health benefit mandate that requires health  
               plans and health insurance policies to cover BHT for PDD or  
               autism and requires plans and insurers to maintain adequate  
               networks of these service providers.


             c)   SB 946 requires health plans and health insurance  
               policies to cover BHT for PDD or autism, requires health  
               plans and insurers to maintain adequate networks of autism  
               service providers, establishes a task force in DMHC,  
               sunsets the autism mandate provisions on July 1, 2014, and  
               makes other technical changes to existing law regarding HIV  
               reporting and mental health services payments.


             d)   AB 1453 (Monning), Chapter 854, Statutes of 2012, and SB  
               951 (Ed Hernandez), Chapter 866, Statutes of 2012,  
               establish California's EHBs.









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             e)   SB 770 (Steinberg) of 2010 would have required health  
               plans and insurance policies to provide coverage for BHT.   
               SB 770 was held in the Assembly Appropriations Committee. 


             f)   SB 166 (Steinberg) of 2011 would have required health  
               care service plans licensed by DMHC and health insurers  
               licensed by CDI to provide coverage for BHT for autism.  SB  
               166 was held in the Senate Health Committee. 


             g)   AB 1205 (Bill Berryhill) of 2011 would have required the  
               Board of Behavioral Sciences to license behavioral analysts  
               and assistant behavioral analysts, on and after January 1,  
               2015, and included standards for licensure such as  
               specified higher education and training, fieldwork, passage  
               of relevant examinations, and national board accreditation.  
               AB 1205 was held in the Assembly Appropriations Committee  
               on the suspense file.


          7)AMENDMENTS.  To address concerns raised by the Committee, the  
            author has agreed to amend this bill as follows:


             a)   To continue evaluating the BHT mandate, extend the  
               sunset to January 1, 2022; and,


             b)   Clarify language with respect to the provision of BHT  
               services in the Medi-Cal program.  


          REGISTERED SUPPORT / OPPOSITION:












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          Support


          Autism Deserves Equal Coverage Foundation (cosponsor)


          Autism Speaks (cosponsor)


          Center for Autism and Related Disorders (cosponsor)


          Special Needs Network (cosponsor)


          David Pine, Supervisor, First District, San Mateo County


          Alliance of California Autism Organizations


          Autism Behavior Services, Inc.


          Autism Business Association


          Autism Learning Partners


          Autism Society California


          Autism Society Inland Empire 5013


          Autism Society Santa Barbara 5013










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          Autism Spectrum Intervention Parent Network


          California Association for Parent-Child Advocacy


          California Coverage and Health Initiatives


          California Psychological Association


          California School Employees Association, AFL-CIO


          Center for Autism and Related Disorders


          Children Now


          Children's Defense Fund


          Children's Partnership


          Disability Rights California


          Families for Early Autism Treatment Sacramento


          Families for Effective Autism Treatment Fresno Madera County


          Hope Autism Therapies










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          Inizio Interventions


          National Association of Social Workers, California Chapter


          National Health Law Program


          Orange County United Way


          Sacramento Asperger Syndrome Information and Support


          Star of CA Behavioral and Psychological Services


          United Ways of California




          Opposition


          America's Health Insurance Plans


          Association of California Life and Health Insurance Companies


          California Association of Health Plans


          California Chamber of Commerce











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          Analysis Prepared by:Kristene Mapile / HEALTH / (916)  
          319-2097