HOUSE BILL 148

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Bill B. O’Neill

AN ACT

RELATING TO HEALTH CARE COVERAGE; ENACTING A NEW SECTION OF THE HEALTH CARE PURCHASING ACT TO REQUIRE THAT GROUP HEALTH COVERAGE INCLUDE COVERAGE FOR DIAGNOSIS AND TREATMENT OF AUTISM SPECTRUM DISORDER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Health Care Purchasing Act is enacted to read:

     "[NEW MATERIAL] COVERAGE FOR AUTISM SPECTRUM DISORDER DIAGNOSIS AND TREATMENT--PERMISSIBLE LIMITATIONS.--

          A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for an eligible individual who is nineteen years of age or younger, or an eligible individual who is twenty-two years of age or younger and is enrolled in high school, for:

                (1) well-baby and well-child screening for diagnosing the presence of autism spectrum disorder; and

                (2) treatment of autism spectrum disorder through speech therapy, occupational therapy, physical therapy and applied behavioral analysis.

          B. Coverage required pursuant to Subsection A of this section:

                (1) shall be limited to treatment that is prescribed by the insured's treating physician in accordance with a treatment plan;

                (2) shall not be denied on the basis that the services are habilitative or rehabilitative in nature;

                (3) may be subject to other general exclusions of the group health coverage, including coordination of benefits, participating provider requirements, restrictions on services provided by family or household members and utilization review of health care services, including the review of medical necessity, case management and other managed care provisions; and

                (4) may be limited to exclude coverage for services received under the federal Individuals with Disabilities Education Improvement Act of 2004 and related state laws that place responsibility on state and local school boards for providing specialized education and related services to children three to twenty-two years of age who have autism spectrum disorder.

          C. The coverage required pursuant to Subsection A of this section shall not be subject to deductibles or coinsurance provisions that are less favorable to a covered individual than the deductibles or coinsurance provisions that apply to physical illnesses that are generally covered under the group health coverage, except as otherwise provided in Subsection B of this section.

          D. A group health plan shall not deny or refuse health coverage for medically necessary services or refuse to contract with, renew, reissue or otherwise terminate or restrict health coverage for an individual because the individual is diagnosed as having autism spectrum disorder.

          E. The treatment plan required pursuant to Subsection B of this section shall include all elements necessary for the group health coverage to pay claims appropriately. These elements include, but are not limited to:                 (1) the diagnosis;

                (2) the proposed treatment by types;

                (3) the frequency and duration of treatment;

                (4) the anticipated outcomes stated as goals;

                (5) the frequency with which the treatment plan will be updated; and

                (6)  the signature of the treating physician.

          F. This section shall not be construed as limiting benefits and coverage otherwise available to an insured under group health coverage.

          G. The provisions of this section shall not apply to policies intended to supplement major medical group-type coverages such as medicare supplement, long-term care, disability income, specified disease, accident-only, hospital indemnity or other limited-benefit health insurance policies.

          H. As used in this section:

                (1) "autism spectrum disorder" means a condition that meets the diagnostic criteria for the pervasive developmental disorders published in the Diagnostic and Statistical Manual of Mental Disorders, fourth edition, text revision, also known as DSM-IV-TR, published by the American psychiatric association, including autistic disorder; Asperger's disorder; pervasive development disorder not otherwise specified; Rett's disorder; and childhood disintegrative disorder;

                (2) "habilitative or rehabilitative services" means treatment programs that are necessary to develop, maintain and restore to the maximum extent practicable the functioning of an individual; and

                (3) "high school" means a school providing instruction for any of the grades nine through twelve."

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