House
Study
Bill
512
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MEYER)
A
BILL
FOR
An
Act
relating
to
the
definition
of
autism
spectrum
disorder
1
for
purposes
of
certain
health
care
coverage,
making
2
conforming
changes,
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
225D.1,
subsection
2,
Code
2022,
is
1
amended
to
read
as
follows:
2
2.
“Autism”
means
autism
spectrum
disorders
disorder
as
3
defined
in
section
514C.28
.
4
Sec.
2.
Section
321.189,
subsection
10,
Code
2022,
is
5
amended
to
read
as
follows:
6
10.
Autism
spectrum
disorder
status.
A
licensee
who
has
an
7
autism
spectrum
disorder,
as
defined
in
section
514C.28
,
may
8
request
that
the
license
be
marked
to
reflect
the
licensee’s
9
autism
spectrum
disorder
status
on
the
face
of
the
license
10
when
the
licensee
applies
for
the
issuance
or
renewal
of
a
11
license.
The
department
may
adopt
rules
pursuant
to
chapter
12
17A
establishing
criteria
under
which
a
license
may
be
marked,
13
including
requiring
the
licensee
to
submit
medical
proof
of
the
14
licensee’s
autism
spectrum
disorder
status.
When
a
driver’s
15
license
is
so
marked,
the
licensee’s
autism
spectrum
disorder
16
status
shall
be
noted
in
the
electronic
database
used
by
17
the
department
and
law
enforcement
to
access
registration,
18
titling,
and
driver’s
license
information.
The
department,
in
19
consultation
with
the
mental
health
and
disability
services
20
commission,
shall
develop
educational
media
to
raise
awareness
21
of
a
licensee’s
ability
to
request
the
license
be
marked
to
22
reflect
the
licensee’s
autism
spectrum
disorder
status.
23
Sec.
3.
Section
321.190,
subsection
1,
paragraph
b,
24
subparagraph
(6),
Code
2022,
is
amended
to
read
as
follows:
25
(6)
An
applicant
for
a
nonoperator’s
identification
card
26
who
has
an
autism
spectrum
disorder,
as
defined
in
section
27
514C.28
,
may
request
that
the
card
be
marked
to
reflect
28
the
applicant’s
autism
spectrum
disorder
status
on
the
face
29
of
the
card
when
the
applicant
applies
for
the
issuance
or
30
renewal
of
a
card.
The
department
may
adopt
rules
pursuant
to
31
chapter
17A
establishing
criteria
under
which
a
card
may
be
32
marked,
including
requiring
the
applicant
to
submit
medical
33
proof
of
the
applicant’s
autism
spectrum
disorder
status.
34
The
department,
in
consultation
with
the
mental
health
and
35
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disability
services
commission,
shall
develop
educational
1
media
to
raise
awareness
of
an
applicant’s
ability
to
request
2
the
card
be
marked
to
reflect
the
applicant’s
autism
spectrum
3
disorder
status.
4
Sec.
4.
Section
514C.28,
subsection
1,
Code
2022,
is
amended
5
to
read
as
follows:
6
1.
Notwithstanding
the
uniformity
of
treatment
requirements
7
of
section
514C.6
,
a
group
plan
established
pursuant
to
chapter
8
509A
for
employees
of
the
state
providing
for
third-party
9
payment
or
prepayment
of
health,
medical,
and
surgical
coverage
10
benefits
shall
provide
coverage
benefits
to
covered
individuals
11
under
twenty-one
years
of
age
for
the
diagnostic
assessment
of
12
autism
spectrum
disorders
disorder
and
for
the
treatment
of
13
autism
spectrum
disorders
disorder
.
14
Sec.
5.
Section
514C.28,
subsection
2,
paragraphs
b,
c,
d,
15
j,
and
k,
Code
2022,
are
amended
to
read
as
follows:
16
b.
“Autism
service
provider”
means
a
person,
or
group
17
providing
treatment
of
autism
spectrum
disorders
disorder
.
18
An
autism
service
provider
that
provides
treatment
of
autism
19
spectrum
disorders
disorder
that
includes
applied
behavioral
20
analysis
shall
be
certified
as
a
behavior
analyst
by
the
21
behavior
analyst
certification
board
or
shall
be
a
health
22
professional
licensed
under
chapter
147
.
23
c.
“Autism
spectrum
disorders
disorder
”
means
any
of
the
24
pervasive
developmental
disorders
including
autistic
disorder,
25
Asperger’s
disorder,
and
pervasive
developmental
disorders
26
not
otherwise
specified.
The
commissioner,
by
rule,
shall
27
define
“autism
spectrum
disorders”
consistent
with
definitions
28
provided
in
the
most
recent
edition
of
the
American
psychiatric
29
association’s
diagnostic
and
statistical
manual
of
mental
30
disorders,
as
such
definitions
may
be
amended
from
time
to
31
time.
The
commissioner
may
adopt
the
definitions
provided
in
32
such
manual
by
reference
a
mental
health
condition
that
meets
33
the
diagnostic
criteria
for
such
disorder
as
published
in
the
34
most
recent
edition
of
the
diagnostic
and
statistical
manual
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of
mental
disorders
as
published
by
the
American
psychiatric
1
association
.
2
d.
“Diagnostic
assessment
of
autism
spectrum
disorders
3
disorder
”
means
medically
necessary
assessment,
evaluations,
4
or
tests
performed
by
a
licensed
physician,
licensed
physician
5
assistant,
licensed
psychologist,
or
licensed
registered
nurse
6
practitioner
to
diagnose
whether
an
individual
has
an
autism
7
spectrum
disorder.
8
j.
“Treatment
of
autism
spectrum
disorders
disorder
”
9
means
treatment
that
is
identified
in
a
treatment
plan
and
10
includes
medically
necessary
pharmacy
care,
psychiatric
care,
11
psychological
care,
rehabilitative
care,
and
therapeutic
care
12
that
is
one
of
the
following:
13
(1)
Prescribed,
ordered,
or
provided
by
a
licensed
14
physician,
licensed
physician
assistant,
licensed
psychologist,
15
licensed
social
worker,
or
licensed
registered
nurse
16
practitioner.
17
(2)
Provided
by
an
autism
service
provider.
18
(3)
Provided
by
a
person,
entity,
or
group
that
works
under
19
the
direction
of
an
autism
service
provider.
20
k.
“Treatment
plan”
means
a
plan
for
the
treatment
of
autism
21
spectrum
disorders
disorder
developed
by
a
licensed
physician
22
or
licensed
psychologist
pursuant
to
a
comprehensive
evaluation
23
or
reevaluation
performed
in
consultation
with
the
patient
and
24
the
patient’s
representative.
25
Sec.
6.
Section
514C.28,
subsections
3,
7,
and
10,
Code
26
2022,
are
amended
to
read
as
follows:
27
3.
Coverage
is
required
pursuant
to
this
section
in
a
28
maximum
benefit
amount
of
not
more
than
thirty-six
thousand
29
dollars
per
year
but
shall
not
be
subject
to
any
limits
on
the
30
number
of
visits
to
an
autism
service
provider
for
treatment
31
of
autism
spectrum
disorders
disorder
.
Beginning
in
2014,
the
32
The
commissioner
shall,
on
or
before
April
1
of
each
calendar
33
year,
publish
an
adjustment
to
the
maximum
benefit
required
34
equal
to
the
percentage
change
in
the
United
States
department
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of
labor
consumer
price
index
for
all
urban
consumers
in
the
1
preceding
year,
and
the
published
adjusted
maximum
benefit
2
shall
be
applicable
to
group
policies,
contracts,
or
plans
3
subject
to
this
section
that
are
issued
or
renewed
on
or
after
4
January
1
of
the
following
calendar
year.
Payments
made
under
5
a
group
plan
subject
to
this
section
on
behalf
of
a
covered
6
individual
for
treatment
of
a
health
condition
unrelated
to
or
7
distinguishable
from
the
individual’s
autism
spectrum
disorder
8
shall
not
be
applied
toward
any
maximum
benefit
established
9
under
this
subsection
.
10
7.
This
section
shall
not
be
construed
to
require
coverage
11
by
a
group
plan
of
any
service
solely
based
on
inclusion
of
the
12
service
in
an
individualized
education
program.
Consistent
13
with
federal
or
state
law
and
upon
consent
of
the
parent
or
14
guardian
of
a
covered
individual,
the
treatment
of
autism
15
spectrum
disorders
disorder
may
be
coordinated
with
any
16
services
included
in
an
individualized
education
program.
17
However,
coverage
for
the
treatment
of
autism
spectrum
18
disorders
disorder
shall
not
be
contingent
upon
coordination
of
19
services
with
an
individualized
education
program.
20
10.
An
insurer
may
review
a
treatment
plan
for
treatment
21
of
autism
spectrum
disorders
disorder
once
every
six
months,
22
subject
to
its
utilization
review
requirements,
including
23
case
management,
concurrent
review,
and
other
managed
care
24
provisions.
A
more
or
less
frequent
review
may
be
agreed
25
upon
by
the
insured
and
the
licensed
physician
or
licensed
26
psychologist
developing
the
treatment
plan.
27
Sec.
7.
Section
514C.31,
subsection
2,
paragraphs
b
and
d,
28
Code
2022,
are
amended
to
read
as
follows:
29
b.
“Autism
spectrum
disorder”
means
a
complex
30
neurodevelopmental
medical
disorder
characterized
by
social
31
impairment,
communication
difficulties,
and
restricted,
32
repetitive,
and
stereotyped
patterns
of
behavior
the
same
as
33
defined
in
section
514C.28,
subsection
2
.
34
d.
“Treatment
plan”
means
a
plan
for
the
treatment
of
an
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autism
spectrum
disorder
developed
by
a
licensed
physician
1
or
licensed
psychologist
after
a
comprehensive
evaluation
or
2
reevaluation
performed
in
a
manner
consistent
with
the
most
3
recent
clinical
report
or
recommendations
of
the
American
4
academy
of
pediatrics.
“Treatment
plan”
includes
supervisory
5
services,
subject
to
the
provisions
of
subsection
5
.
6
Sec.
8.
APPLICABILITY.
7
1.
The
sections
of
this
Act
amending
section
514C.28
apply
8
to
plans
established
pursuant
to
chapter
509A
for
employees
of
9
the
state
that
are
delivered,
issued
for
delivery,
continued,
10
or
renewed
in
this
state
on
or
after
January
1,
2023.
11
2.
The
section
of
this
Act
amending
section
514C.31
12
applies
to
third-party
provider
payment
contracts,
policies,
13
or
plans
specified
in
section
514C.31,
subsection
1,
paragraph
14
“a”,
or
to
plans
established
pursuant
to
chapter
509A
for
15
public
employees
other
than
employees
of
the
state,
that
are
16
delivered,
issued
for
delivery,
continued,
or
renewed
in
this
17
state
on
or
after
January
1,
2023.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
is
related
to
the
definition
of
autism
spectrum
22
disorder
for
purposes
of
certain
health
care
coverage.
23
Under
current
law,
“autism
spectrum
disorders”
is
defined
as
24
any
of
the
pervasive
developmental
disorders
including
autistic
25
disorder,
Asperger’s
disorder,
and
pervasive
developmental
26
disorders
not
otherwise
specified.
The
commissioner
of
27
insurance,
by
rule,
is
required
to
define
“autism
spectrum
28
disorders”
consistent
with
definitions
provided
in
the
most
29
recent
edition
of
the
American
psychiatric
association’s
30
diagnostic
and
statistical
manual
of
mental
disorders,
and
may
31
adopt
the
definitions
provided
in
the
manual
by
reference.
32
Under
the
bill,
“autism
spectrum
disorder”
is
defined
as
a
33
mental
health
condition
that
meets
the
diagnostic
criteria
34
for
such
disorder
as
published
in
the
most
recent
edition
of
35
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the
diagnostic
and
statistical
manual
of
mental
disorders,
as
1
published
by
the
American
psychiatric
association.
2
The
sections
of
the
bill
that
amend
Code
section
514C.28
3
apply
to
plans
established
pursuant
to
Code
chapter
509A
for
4
employees
of
the
state
that
are
delivered,
issued
for
delivery,
5
continued,
or
renewed
in
this
state
on
or
after
January
1,
6
2023.
The
section
of
the
bill
that
amends
Code
section
514C.31
7
applies
to
third-party
provider
payment
contracts,
policies,
8
or
plans
specified
in
Code
section
514C.31(1)(a),
or
to
plans
9
established
pursuant
to
Code
chapter
509A
for
public
employees
10
other
than
employees
of
the
state,
that
are
delivered,
issued
11
for
delivery,
continued,
or
renewed
in
this
state
on
or
after
12
January
1,
2023.
13
The
bill
makes
conforming
changes
to
Code
chapter
225D
14
(autism
support
program),
Code
section
321.189
(driver’s
15
license
——
content),
and
Code
section
321.190
(issuance
of
16
nonoperator’s
identification
cards
——
fee).
17
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