SB57 By Senator Allen RFD Health and Human Services Rd 1 07-FEB-17

SYNOPSIS: Under existing law, no state agency provides applied behavior analysis services to children with a primary diagnosis of an autism spectrum disorder.

This bill expands the power and duties of the Department of Mental Health for the purpose of administering an Applied Behavior Analysis (ABA) Program and providing ABA Intervention to children with autism. This bill would limit the amount of ABA Intervention provided to a child to $40,000 annually and provides for an appropriation of $3,000,000 from the Education Trust Fund for the fiscal year ending September 30, 2018 to the Department of Mental Health for the administration of the ABA Program. In addition, this bill expands the duties of the Department of Education, the Department of Early Childhood Education and other educational entities, by requiring them to identify children who have a primary diagnosis of an autism spectrum disorder for referral to the Department of Mental Health for ABA services.

A BILL TO BE ENTITLED AN ACT

To expand the powers and duties of the Department of Mental Health; to limit the amount of ABA Intervention provided annually per child to $40,000; to appropriate $3,000,000 from the Education Trust Fund for the fiscal year ending September 30, 2018; and to expand the duties of the Department of Education, Department of Early Childhood Education and other educational entities, by requiring them to identify children with an autism spectrum disorder diagnosis for referral to the Department of Mental Health for ABA services.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. As used in this act, the following terms shall have the following meanings:

(1) APPLIED BEHAVIOR ANALYSIS. The design, implementation, and evaluation of environmental modifications, including the use of direct observation, measurement, and functional analysis of the relationships between environment and behavior, to produce socially significant improvement in human behavior.

(2) AUTISM SPECTRUM DISORDER. A neurodevelopmental disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

(3) CHILD OR CHILDREN. To include Alabama's children between the ages of birth and 9 years of age.

(4) DIAGNOSIS OF AUTISM SPECTRUM DISORDER. Medically necessary assessments, evaluations, or tests in order to diagnose whether an individual has an autism spectrum disorder.

(5) TREATMENT FOR AUTISM SPECTRUM DISORDERS. Care prescribed or ordered for an individual diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist, including, equipment medically necessary for such care, pursuant to the powers granted under such licensed physician's or licensed psychologist's license.

Section 2. The Department of Mental Health shall have the duties, responsibilities, functions, powers, and authority set forth in this act and as otherwise provided by law.

Section 3. The Department of Mental Health shall be responsible for the administration and provision of ABA Intervention, as well as the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the Department by law.

Section 4. The State Department of Education, the Department of Early Childhood Education and other educational entities shall identify children, ages birth through 9 years of age, who have been diagnosed with an autism spectrum disorder and refer those children to the Department of Mental Health for ABA therapy.

Section 5. The Alabama Department of Mental Health shall do all of the following:

(1) Establish criteria and administer such programs and services as may be necessary for the operation and management of an ABA Program.

(2) Administer such programs and services as may be necessary for the operation and management of providing ABA Intervention to children with autism spectrum disorder in Alabama unless the child is otherwise covered for ABA Intervention by public or private insurance.

(3) Receive any funds appropriated from the Legislature for the establishment, operation, and administration of the ABA Program.

(4) Issue annual reports to the Governor and the Legislature concerning the administration and operation of the ABA Program.

(5) Provide leadership for enhancement of ABA Intervention in this state by aggressively establishing a unified approach to the state's efforts toward providing ABA Intervention to children in Alabama upon diagnosis of autism spectrum disorder. In support of this effort, the Department of Mental Health may develop and implement specific strategies that address the state's ABA Program.

(6) Promulgate rules and regulations and establish procedures to carry out the provisions of this act.

Section 6. The ABA Program shall pay not more than $40,000 annually per child for ABA Intervention.

Section 7. There is hereby appropriated $3,000,000 from the Education Trust Fund to the Department of Mental Health for the fiscal year ending September 30, 2018 to provide ABA Intervention to eligible children in the state of Alabama.

Section 8. This act shall become effective immediately upon its passage and approval by the Governor or upon its otherwise becoming a law.

Education

Preschool Program

Kindergartens

Governor

Office of School Readiness

Schools

School Readiness Office

Children's Affairs Department