| Update on HB190 |
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1) Yesterday, HB190 was filed in Frankfort and sponsored by Rep. Scott Brinkman and Rep. Ron Crimm. Click on the following link and it will take you to a summary of the bill. Click on the blue HB 190 and it will bring up the entire bill. Also, I have pasted the first three pages on the very bottom of this email, but this link has the entire bill. http://www.lrc.ky.gov/record/09RS/HB190.htm 2) We have been working in collaboration with Autism Speaks, specifically their Autism Votes dept. They have officially endorsed HB190 and will be working closely with us on our grassroots effort across the state to gain support. Eight states have passed this legislation, and 20 have either introduced it or are ready to this session. Autism Speaks is supporting all these states in their efforts in addition to their efforts on federal mandates for autism insurance. 3) Autism Speaks' research to date from third party studies show that insurance premium increases are less than 1%. This is very important to communicate. They will be running the numbers for KY very soon. Dollar wise it equates sometimes to a carton of eggs each month. No longer will insurance companies think they can leave KY and go to other states to get away from this mandate -- so many others will have passed it too! 4) PLEASE help us make Kentucky the 9th state to pass this! Start by logging onto www.autismvotes.org and signing up for their action alerts so you receive all the news about HB190. This is another way they help communicate all across KY about the bill in addition to FEAT's emails throughout this process. 5) Start calling your senator and representative -- leave a message or hand-write a small note asking him/her to support HB190. If you do not know your legislator, log on this link to find out: http://www.lrc.ky.gov/Legislators.htm Here's a sample letter Janet wrote that is very good. Sample letter: Please support Representative Scott Brinkman's autism insurance bill, HB190, in order to make insurance coverage for autism services a reality. When children with autism receive appropriate services they can make great gains and improve significantly. Without such services, however, the prognosis is poor, and most will require lifelong assistance from state agencies. Currently, autism treatments are excluded from insurance coverage and must be paid for out of pocket by individual families, causing extreme financial hardship for most, or worse, no treatment at all for the child with autism. Passage of this bill would be a life changing event for my child and my family, at minimal cost to the state. Please help the thousands of children in this state affected by autism by voting YES for this bill. Thank you. 6) Several of us are headed to Frankfort for Children's Advocacy Day on Thursday, Feb. 12th. We have several meetings with legislators that day, and would love to attend in numbers!! If you can join us, please let me know soon. If you have any questions, please ask! Thanks, Anne Gregory FEAT of Louisville, Inc. 502-641-3646 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it parts of the bill are below: AN ACT relating to health insurance. Be it enacted by the General Assembly of the Commonwealth of Kentucky: âSECTION 1. A NEW SECTION OF SUBTITLE 17A OF KRS CHAPTER 304 IS CREATED TO READ AS FOLLOWS: As used in Sections 1 and 2 of this Act, unless the context requires otherwise: (1) "Applied behavior analysis" means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior; (2) "Autism services provider" means any person, entity, or group that provides treatment of autism spectrum disorders; (3) "Autism spectrum disorders" means any of the pervasive developmental disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders ("DSM"), published by the American Psychiatric Association, including Autistic Disorder, Asperger's Disorder, and Pervasive Developmental Disorder Not Otherwise Specified; (4) "Diagnosis of autism spectrum disorders" means medically necessary assessment, evaluations, or tests to diagnose whether an individual has one (1) of the autism spectrum disorders; (5) "Habilitative or rehabilitative care" means professional, counseling, and guidance services and treatment programs, including applied behavior analysis, that are necessary to develop, maintain, and restore, to the maximum extent practicable, the functioning of an individual; (6) "Medically necessary" means any care, treatment, intervention, service, or item that is prescribed, provided, or ordered by a licensed physician or a licensed psychologist in accordance with accepted standards of practice and that will, or is reasonably expected to, do any of the following: (a) Prevent the onset of an illness, condition, injury, or disability; (b) Reduce or ameliorate the physical, mental, or developmental effects of an illness, condition, injury, or disability; or (c) Assist to achieve or maintain maximum functional capacity in performing daily activities, taking into account both the functional capacity of the individual and the functional capacities that are appropriate for the individuals of the same age; (7) "Pharmacy care" means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications; (8) "Psychiatric care" means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices; (9) "Psychological care" means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices; (10) "Therapeutic care" means services provided by licensed or certified speech therapists, occupational therapists, or physical therapists; and (11) "Treatment for autism spectrum disorders" includes the following care prescribed, provided, or ordered for an individual diagnosed with one (1) of the autism spectrum disorders by a licensed physician or a licensed psychologist who determines the care to be medically necessary: (a) Habilitative or rehabilitative care; (b) Pharmacy care; (c) Psychiatric care; (d) Psychological care; (e) Therapeutic care. âSECTION 2. A NEW SECTION OF SUBTITLE 17A OF KRS CHAPTER 304 IS CREATED TO READ AS FOLLOWS: (1) A health benefit plan shall provide coverage for the diagnosis of autism spectrum disorders and the treatment of autism spectrum disorders. To the extent that the diagnosis of autism spectrum disorders and the treatment of autism spectrum are not already covered by a health insurance policy, coverage under this section shall be included in health benefit plans that are delivered, executed, issued, amended, adjusted, or renewed within the state, or outside the state if insuring Kentucky residents, on or after thirty (30) days after the effective date of this Act. An insurer shall not terminate coverage, or refuse to deliver, execute, issue, amend, adjust, or renew coverage, to an individual solely because the individual is diagnosed with one (1) of the autism spectrum disorders or has received treatment for autism spectrum disorders. (2) Coverage under this section shall not be subject to any limits on the number of visits an individual may make to an autism services provider. (3) Coverage under this section may be subject to copayment, deductible, and coinsurance provisions of a health benefit plan that are no less favorable than those that apply to other medical services covered by the health benefit plan. (4) This section shall not be construed as limiting benefits that are otherwise available to an individual under a health benefit plan. (5) Except for inpatient services, if an individual is receiving treatment for autism spectrum disorders, an insurer shall have the right to request a review of that treatment not more than once every twelve (12) months unless the insurer and the individual's licensed physician or licensed psychologist agree that a more frequent review is necessary. The cost of obtaining any review shall be borne by the insurer. (6) This section shall not be construed as affecting any obligation to provide services to an individual under an individualized family service plan, an individualized education program, or an individualized service plan.
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