1.1.................... moves to amend H.F. No. 2150, the delete everything amendment
1.2(A14-0976), as follows:
1.3Page 122, after line 18, insert:
1.4 "Sec. .... Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 2,
1.5is amended to read:
1.6 Subd. 2.
Definitions. (a) For the purposes of this section, the terms defined in
1.7this subdivision have the meanings given.
1.8 (b) "Autism spectrum disorder diagnosis" is defined by diagnostic code 299 in the
1.9current version of the Diagnostic and Statistical Manual of Mental Disorders (DSM).
1.10 (c) "Child" means a person under the age of 18.
1.11 (d) "Commissioner" means the commissioner of human services, unless otherwise
1.12specified.
1.13 (e) "Early intensive intervention benefit" means autism treatment options based in
1.14behavioral and developmental science, which may include modalities such as applied
1.15behavior analysis, developmental treatment approaches, and naturalistic and parent
1.16training models.
1.17 (f) "Generalizable goals" means results or gains that are observed during a variety
1.18of activities with different people, such as providers, family members, other adults, and
1.19children, and in different environments including, but not limited to, clinics, homes,
1.20schools, and the community.
1.21 (g) "Mental health professional"
has the meaning given means a mental health
1.22professional as defined in section
245.4871, subdivision 27,
clauses (1) to (6) who has
1.23training and expertise in autism spectrum disorders.
1.24 Sec. .... Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 3,
1.25is amended to read:
2.1 Subd. 3.
Initial eligibility. This benefit is available to a child enrolled in medical
2.2assistance who
:
2.3 (1) has an autism spectrum disorder diagnosis
; for services that meet the criteria for
2.4medically necessary care under Minnesota Rules, part 9505.0175, subpart 25.
2.5 (2) has had a diagnostic assessment described in subdivision 5, which recommends
2.6early intensive intervention services; and
2.7 (3) meets the criteria for medically necessary autism early intensive intervention
2.8services.
2.9 Sec. .... Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 4,
2.10is amended to read:
2.11 Subd. 4.
Diagnosis. (a) A diagnosis must:
2.12 (1) be based upon current DSM criteria including direct observations of the child
2.13and reports from parents or primary caregivers; and
2.14 (2) be completed by
both either (i) a licensed physician or advanced practice
2.15registered nurse
and or (ii) a mental health professional.
2.16 (b) Additional diagnostic assessment information may be considered including from
2.17special education evaluations and licensed school personnel, and from professionals
2.18licensed in the fields of medicine, speech and language, psychology, occupational therapy,
2.19and physical therapy.
2.20(c) If the commissioner determines there are access problems or delays in diagnosis
2.21for a geographic area due to the lack of qualified professionals, the commissioner shall
2.22waive the requirement in paragraph (a), clause (2), for two professionals and allow a
2.23diagnosis to be made by one professional for that geographic area. This exception must be
2.24limited to a specific period of time until, with stakeholder input as described in subdivision
2.258, there is a determination of an adequate number of professionals available to require two
2.26professionals for each diagnosis.
2.27 Sec. .... Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 7,
2.28is amended to read:
2.29 Subd. 7.
Ongoing eligibility. (a)
An independent A progress evaluation conducted
2.30by a licensed mental health professional with expertise and training in autism spectrum
2.31disorder and child development must be completed after
each the first six months of
2.32treatment
and not more than once every 12 months thereafter,
or more frequently as
2.33determined by the commissioner unless the treating licensed mental health professional
2.34determines more frequent evaluations are necessary, to determine if progress is being
3.1made toward achieving generalizable goals and meeting functional goals contained in
3.2the treatment plan.
3.3 (b) The progress evaluation must include:
3.4 (1) the treating provider's report;
3.5 (2) parental or caregiver input;
3.6 (3) an
independent observation of the child which can be performed by the child's
3.7licensed special education staff;
3.8 (4) any treatment plan modifications; and
3.9 (5) recommendations for continued treatment services.
3.10 (c) Progress evaluations must be submitted to the commissioner in a manner
3.11determined by the commissioner for this purpose.
3.12 (d) A child who continues to achieve generalizable goals and treatment goals as
3.13specified in the treatment plan
and who is recommended for continued treatment services
3.14by the treating mental health professional under paragraph (b), clause (5), is eligible to
3.15continue receiving this benefit.
3.16 (e)
The commissioner may consider an alternative eligibility recommendation to the
3.17recommendation of the treating mental health professional under paragraph (b), clause (5),
3.18if there is a detailed report provided by a licensed mental health professional with expertise
3.19treating children with autism spectrum disorder using the relevant treatment modality
3.20showing that progress is not being made in a particular case. In this case, treatment shall
3.21not be interrupted and shall continue to be reimbursed until a final determination is made.
3.22 (f) A child's treatment shall continue
to be reimbursed during the progress evaluation
3.23using the process
determined under subdivision 8, clause (8) until a final determination is
3.24made. Treatment may continue during an appeal pursuant to section
256.045.
3.25 Sec. .... Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 9,
3.26is amended to read:
3.27 Subd. 9.
Revision of treatment options. (a) The commissioner may
revise add
3.28 covered treatment options as needed based on outcome data and other evidence.
3.29 (b) Before the changes become effective, the commissioner must provide public
3.30notice of the changes, the reasons for the change, and a 30-day public comment period
3.31to those who request notice through an electronic list accessible to the public on the
3.32department's Web site."
3.33Page 132, after line 12, insert:
3.34 "Sec. .... Laws 2013, chapter 108, article 7, section 14, the effective date, is amended to
3.35read:
4.1EFFECTIVE DATE.Subdivisions 1 to 7 and 9, are effective upon federal approval
4.2consistent with subdivision 11, but no earlier than
March July 1, 2014. Subdivisions
4.38, 10, and 11 are effective July 1, 2013."
4.4Renumber the sections in sequence and correct the internal references
4.5Amend the title accordingly