TITLE III
MENTAL HEALTH
CHAPTER 22
AUTISM SUPPORT PROGRAM
Preamble
These rules provide for definitions of diagnostic and financial eligibility, provider qualifications, and appeal procedures related to the autism support program created in 2013 Iowa Acts, Senate File 446, division XVII. The purpose of the autism support program is to provide funding for applied behavioral analysis services and care coordination for children with a diagnosis of autism who meet certain financial and clinical eligibility criteria.
[ARC 1329C, IAB 2/19/14, effective 4/1/14]
441—22.1(225D) Definitions.
“Administrator” means the entity selected by the department through a request for proposal process or other contractual arrangement to administer the autism support program.
“Applicant” means an individual on whose behalf an application has been submitted but who has not been identified as an eligible individual, or an individual who has received a denial of eligibility for the program.
“Applied behavioral analysis” or “ABA” means the same as defined in Iowa Code section 225D.1.
“Autism” means autism spectrum disorders as defined in Iowa Code section 514C.28.
“Autism service provider” means a person providing applied behavioral analysis, who meets the following criteria:
	1.	Is certified as a behavior analyst by the Behavior Analyst Certification Board or is a health professional licensed under Iowa Code chapter 147.
	2.	Is approved as a member of the provider network by the department.
“Autism support fund” or “fund” means the autism support fund created in Iowa Code section 225D.2.
“Autism support program” or “program” means the program created in Iowa Code section 225D.2 to provide funding for applied behavioral analysis and care coordination for eligible individuals with a diagnosis of autism.
“Clinically relevant” means medically necessary and resulting in the development, maintenance, or restoration, to the maximum extent practicable, of the functioning of an individual.
“Department” means the department of human services.
“Diagnostic assessment of autism” means medically necessary assessment, evaluations, or tests performed by a licensed child psychiatrist, developmental pediatrician, or clinical psychologist.
“Eligible individual” means a child less than nine years of age who has been diagnosed with autism based on a diagnostic assessment of autism, is not otherwise eligible for coverage for applied behavioral analysis treatment under the medical assistance program, Iowa Code section 514C.28, or private insurance coverage, and whose household income does not exceed 400 percent of the federal poverty level.
“Federal poverty level” means the most recently revised poverty income guidelines published by the United States Department of Health and Human Services.
“Household income” means household income as determined using the modified adjusted gross income methodology pursuant to Section 2002 of the federal Patient Protection and Affordable Care Act, Pub.	L.	No.	111-148.
“Integrated health home” means the same as defined in 441—subrule 78.53(1).
“Maximum amount of treatment” means a maximum of 24 months of applied behavioral analysis funded by the autism support program. Months of service are not required to be consecutive.
“Maximum annual benefit” means a maximum annual benefit amount of $36,000 per year for autism support program services for an eligible individual. For the purposes of this program, the annual benefit is calculated by using as a starting date the date the first service is reimbursed by the program and an ending date 12 months from the starting date. Expenditures included in the calculation of the maximum annual benefit include reimbursements to autism service providers for provision of applied behavioral analysis and reimbursements to integrated health homes for costs of care coordination. Cost-sharing paid by the eligible individual is not included in the calculation of the individual’s annual benefit.
“Medical assistance” or “Medicaid” means assistance provided under the medical assistance program pursuant to Iowa Code chapter 249A and Title XIX of the Social Security Act.
“Month of service” means any month in which an individual receives at least one billable unit of applied behavioral analysis service funded by the autism support program.
“Provider network” means a network of autism service providers approved by the department to provide services to eligible individuals through the autism support program.
“Regional autism assistance program” or “RAP” means the regional autism assistance program created in Iowa Code section 256.35.
“Treatment plan” means a plan for the treatment of autism developed by a licensed physician or licensed psychologist pursuant to a comprehensive evaluation or reevaluation performed in consultation with the patient and the patient’s representative.
[ARC 1329C, IAB 2/19/14, effective 4/1/14]
441—22.2(225D) Eligibility and application requirements. To be determined eligible for funding for services through the autism support program, an individual must meet the following requirements:
	22.2(1) An individual shall submit an application to the administrator of the program using a standardized application form available through the administrator’s and the department’s Web sites, members of the provider network, the regional autism assistance program, and advocacy organizations.
	22.2(2) An applicant for autism program services shall be less than the age of nine at the time of application for the program. Proof of age must be provided at the time of application. An individual who reaches the age of nine prior to receipt of the maximum benefits of the program may continue to receive services from the program in accordance with the individual’s treatment plan, up to a maximum of 24 months of applied behavioral analysis treatment.
	22.2(3) An individual shall have a diagnosis of autism based on a diagnostic assessment of autism dated 24 months or less from the date of application for the program.
	22.2(4) An individual shall be determined ineligible for coverage of applied behavioral analysis services under the medical assistance program, Iowa Code section 514C.28, or private insurance coverage. Proof of insurance coverage and noneligibility for coverage for applied behavioral analysis shall be provided at the time of application.
	22.2(5) An individual shall have a household income equal to or less than 400 percent of the federal poverty level. Information needed to determine household income using modified adjusted gross income methodology shall be identified on the program application. The information shall be provided at the time of application.
	22.2(6) The administrator shall provide to the parent or guardian a written notice of decision determining initial eligibility or denial within 30 calendar days of receipt of the application.
	22.2(7) The administrator shall refer an applicant determined to be an eligible individual to care coordination services. The referral will occur within 5 business days of determination of eligibility for the program. Care coordination services will be provided by the University of Iowa regional autism assistance program (RAP) or an integrated health home. Eligible individuals who reside in counties where integrated health homes for children with a serious emotional disturbance are operational may choose to receive care coordination through the University of Iowa RAP program or an integrated health home that serves residents of the eligible individual’s county of residence. Care coordination is not required as a condition of receiving services through the autism support program.
	22.2(8) For individuals determined eligible for the program but unable to access services due to lack of available providers, the administrator shall maintain a list of such individuals and shall work to connect eligible individuals on the list to network providers.
	22.2(9) The administrator shall stop processing applications at the point where available funds are fully obligated for eligible individuals and additional eligible individuals would cause expenditures in excess of the funds available to the program. The administrator shall maintain a waiting list of individuals denied access to the program due to lack of available funds. If additional funds become available, the administrator shall contact individuals on the list in order of the earliest date and time of the receipt of the original application. The applicant shall be allowed 30 calendar days to submit an updated application and any required information needed to determine eligibility. If the applicant does not submit required information, the applicant will be denied eligibility and removed from the waiting list maintained for individuals denied access to the program due to lack of funding. The age of the applicant at the time of the most recent application will be used when determining eligibility for the program.
[ARC 1329C, IAB 2/19/14, effective 4/1/14]
441—22.3(225D) Cost-sharing requirements and graduated schedule of cost sharing.
	22.3(1) An individual with a household income equal to or greater than 200 percent of the federal poverty level, up to a maximum of 400 percent of the federal poverty level, shall be subject to cost-sharing requirements. Cost sharing shall be implemented incrementally up to a maximum of 10 percent of the costs of the services provided through the program for an individual with a household income equal to 400 percent of the federal poverty level. The following is a chart of the cost-sharing requirements:

Family income as
a % of FPL	% of cost-sharing
of service costs	Family income as
a % of FPL	% of cost-sharing
of service costs	
200%	.476%	310%	5.712%	
210%	.952%	320%	6.188%	
220%	1.428%	330%	6.664%	
230%	1.904%	340%	7.14%	
240%	2.38%	350%	7.616%	
250%	2.856%	360%	8.092%	
260%	3.332%	370%	8.568%	
270%	3.808%	380%	9.04%	
280%	4.284%	390%	9.516%	
290%	4.76%	400%	9.992%	
300%	5.236%			
	22.3(2) An individual may request an exemption from cost sharing due to financial hardship. To qualify for an exemption, an individual shall submit written documentation to the administrator that the individual or the individual’s family does not have the financial means to fulfill cost-sharing requirements.
	22.3(3) Criteria to determine financial hardship include, but are not limited to, a change in income, change in employment of the parent or guardian, additional medical expenditures, other family members’ health conditions, or other conditions which may affect the ability to fulfill cost-sharing requirements. The administrator shall provide a written determination regarding eligibility for exemption from cost-sharing requirements. Eligibility for exemption from cost sharing expires at the end of the financial eligibility period.
[ARC 1329C, IAB 2/19/14, effective 4/1/14]
441—22.4(225D) Review of financial eligibility, cost-sharing requirements, exemption from cost sharing, and disenrollment in the program.
	22.4(1) An eligible individual’s continued financial eligibility for the program, cost-sharing requirements, and exemption from cost sharing shall be determined on an annual basis.
	22.4(2) The administrator shall request needed information from the eligible individual’s parent or guardian for redetermination of financial eligibility, cost-sharing requirements, and exemption from cost sharing at least 30 days prior to the expiration of the eligible individual’s eligibility period. The notice requesting information needed for renewal of eligibility shall include the ending date of eligibility for services.
	22.4(3) The administrator shall provide a written notice of decision determining ongoing eligibility or denial within 15 calendar days of receipt of the continued financial eligibility documentation.
	22.4(4) If the signed application and verification of continuing eligibility are not received by the administrator by the last working day of the renewal month, the individual’s eligibility for the program shall be terminated.
	22.4(5) Reasons for disenrollment in the autism support program include:
	a. 	Death of the eligible individual.
	b. 	The family no longer meets one or more of the eligibility criteria outlined in rule 441—22.2(225D).
	c. 	The parent or legal guardian has failed to provide information required for redetermination of eligibility.
	d. 	The eligible individual has failed to access authorized services for a period of three consecutive months and has not made arrangements with the autism service provider or administrator to access authorized services.
	e. 	No funds are appropriated for the autism support program.
[ARC 1329C, IAB 2/19/14, effective 4/1/14]
441—22.5(225D) Initial service authorization and renewal of service authorization.
	22.5(1) All services reimbursed through the program shall be prior-authorized by the administrator.
	22.5(2) An autism service provider shall submit an initial treatment plan to the administrator specifying a plan of treatment for a period of no more than six months. The initial treatment plan shall specify the amount of units of applied behavioral analysis services requested for the eligible individual and include a baseline standardized assessment score.
	22.5(3) Family engagement and participation are required for participation in the autism support program. Treatment plans shall identify specific activities and responsibilities of parents or guardians in the treatment plan.
	22.5(4) The treatment plan shall reflect the autism service provider’s engagement with the school in which the eligible individual is enrolled. Treatment plans shall identify specific actions taken by the autism service provider to engage the eligible individual’s school and the results of such actions.
	22.5(5) The treatment plan may include services provided by staff with a minimum of a bachelor’s degree in a human services or education field, working under the supervision of an autism service provider who is board-certified as a behavior analyst. The treatment plan shall identify which services shall be provided directly by the autism service provider and which services shall be provided by staff under the supervision of the autism service provider.
	22.5(6) For renewal or modification of service authorizations, the autism service provider shall submit an updated plan of treatment with a request for the number of units of applied behavioral analysis the provider believes is medically necessary to address the eligible individual’s ongoing treatment needs. The autism service provider shall also provide evidence of the eligible individual’s progress on identified treatment goals. The administrator shall consider the eligible individual’s updated standardized assessment score along with other clinical information when reviewing requests for renewal or modification of service authorizations. Ongoing service authorization requests shall not exceed six months in duration.
	22.5(7) The administrator shall provide approval, request for modification, or denial within five business days of receipt of all service authorization requests.
[ARC 1329C, IAB 2/19/14, effective 4/1/14]
441—22.6(225D) Provider network. The administrator shall establish and maintain a network of department-approved autism service providers so that applied behavioral analysis services are available to eligible individuals statewide to the maximum extent possible.
	22.6(1) A provider shall be approved to participate in the autism support program provider network if the provider meets one of the following standards in paragraph 22.6(1)“a,” “b” or “c”:
	a. 	The autism service provider is certified as a behavior analyst by the Behavior Analyst Certification Board; or
	b. 	The autism service provider is a health professional licensed under Iowa Code chapter 147. A health professional licensed under Iowa Code chapter 147 who does not hold a current certification as a board-certified behavior analyst shall provide evidence of training in applied behavioral analysis and be licensed as a mental health professional under Iowa Code section 228.1(6); or
	c. 	A provider shall be deemed eligible to participate in the autism support program provider network if the autism service provider meets the standards in paragraph 22.6(1)“a” or “b” and the provider is approved to provide applied behavioral analysis services through Medicaid.
	22.6(2) The administrator’s provider network shall accept the rate established by the department through the department’s contract with the administrator as payment in full for the services rendered and will not charge eligible individuals any additional fees for services rendered, except for those eligible individuals who are required to pay a portion of the cost of services due to cost-sharing requirements.
	22.6(3) The administrator is responsible for calculating the cost-sharing amount according to standards established in this chapter.
	22.6(4) The autism service provider is responsible for collecting the cost-sharing amount from the eligible individual and will only be reimbursed by the administrator for the balance of the service fee minus the amount of cost sharing.
[ARC 1329C, IAB 2/19/14, effective 4/1/14]
441—22.7(225D) Financial management of the program. The autism support program administrator shall:
	1.	Not take new applications for the program that would cause expenditures of the program to exceed the budgeted amount.
	2.	Limit expenditure of program funds to services for those individuals determined to be eligible individuals and for related administrative costs.
	3.	Limit annual expenditures for each eligible individual to the amount identified in Iowa Code section 225D.2(2)“a.”
	4.	Limit length of service through the program to the amount identified in Iowa Code section 225D.2(2)“b.”
	5.	Allocate available funds for eligible individuals’ services in a manner that allows for funding for all eligible individuals’ services authorized by the administrator without exceeding the department’s funding limits.
	6.	Limit payment for applied behavioral analysis services to an hourly or equivalent quarter-hour unit rate that is equal to the contracted rate currently paid by Medicaid for applied behavioral analysis services.
	7.	Limit payment for integrated health home services to an amount consistent with the monthly per-member per-month amount paid by Medicaid to approved providers of integrated health home services for children with a serious emotional disturbance.
	8.	Not provide financial compensation to the University of Iowa regional autism assistance program for care coordination services.
[ARC 1329C, IAB 2/19/14, effective 4/1/14]
441—22.8(225D) Appeal. Notice of adverse action and right to appeal shall be given in accordance with 441—Chapter 7.
[ARC 1329C, IAB 2/19/14, effective 4/1/14]
These rules are intended to implement Iowa Code chapter 225D.
[Filed ARC 1329C (Notice ARC 1184C, IAB 11/13/13), IAB 2/19/14, effective 4/1/14]