February 8, 2012

Governor McDonnell signed HB 1106 into law on February 7. The Virginia Autism Project would like everyone to thank the Governor and their Legislators!

Click here to send Governor McDonnell a Thank You Note!

Remind him HB 1106 is the technical fix for the autism law so that families may access benefits provided by insurance for ABA therapy after a license for BCBAs is in place.

Thank Delegate Greason: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
You can find out who your legislators are at Richmond Sunlight and then contact them to thank them for their support.

With much appreciation for everyone's hard work!
Thank Autism Speaks!
Judith Ursitti This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Lorri Unumb This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Thank our Lobbyists!
Angie Bezik This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Anne Flandermeyer This e-mail address is being protected from spambots. You need JavaScript enabled to view it

January 31, 2012 Status Update:

HB 1106 passed out of the Senate Monday with a resounding 40-0 vote.

The families and providers in the Gallery were recognized by Senator Janet Howell as she introduced the bill. Although it was initially voted on in the Uncontested Calendar, a technical malfunction required a separate vote.

The next step is to await the Governor's signature!

Please take a minute to thank your Senator for voting for HB 1106:

Richmond Sunlight allows you to identify your Senator and contact them via email.

Thank You Everyone!

January 28, 2012 Status Update:

HB 1106 flew out of Senate Education and Health Committee unanimously. The Senate waived the first reading of the bill and the Second reading was Friday. On Monday, January 30, 2012, HB 1106 will be on the uncontested calendar and hopefully the Senate will pass the measure with little or no fanfare.

Senator Janet Howell is ready to defend the bill if someone raises any questions and she conformed her bill to the House bill.

After the bill passes the Senate, it goes to the Governor for his signature and the 280 day clock will start running.

January 17, 2012 Status Update:

Huge accomplishment today (one of many more to go).

HB 1106 as introduced was amended after discussions with the Governor’s staff and the insurance industry. KEY provisions of the amended draft as agreed:

• Emergency Clause: Regulations within 280 days.
• A Working Group rather than an Advisory Board: made up of 3 BCBAs who have been practicing at least 3 years; one BCaBA practicing at least 3 years, one consumer or family member and no more than 2 others that the Board of Medicine may deem it necessary to appoint.
• This Working Group will draft regulations to regulate BCBAs, BCaBAs and the supervision of unlicensed individuals providing ABA.

HB 1106 was passed out of the House Health, Welfare and Institutions committee on Tuesday, January 17, 2012 with a 21-0 vote.

Wednesday, Thursday and Friday the bill will be on the Floor of the House of Delegates for First Reading, Second Reading (debate) and Third Reading (vote).

We are very grateful to Delegate Greason and the members of the House Health, Welfare and Institutions committee for their support of children with a diagnosis of autism and their families.

NEXT STEPS:

• Thank the members of the committee for their "yes" vote.
• Contact all the Delegates and be present on Thursday for the debate and Friday for the VOTE!

WE must have 80 votes to keep our emergency clause and regulations within 280 days. Keep pushing!!

Status:

The bill that passed in the Virginia 2011 legislative session required insurance coverage of treatment and therapy including Applied Behavior Analysis, (ABA) for children ages 2-6 on the Autism Spectrum.

At the last minute the Governor added an amendment to our bill, which has delayed the implementation of the ABA coverage.

The Governor’s amendment to license Board Certified Behavior Analysts (BCBAs) in Virginia was determined by the Attorney General’s office to be inadequate to authorize the Board of Medicine to write the regulations to govern the licensure. Thus, under the current law the way it is written, it is impossible to have ABA reimbursed by insurance.

The law had a mandate that the insurance companies prepare to provide coverage on January 1, 2012. The key therapy (ABA) will not be covered and families are once again facing out of pocket expenses that they cannot hope to afford.

Insurance companies have built the cost of covering this therapy, as mandated by the bill, into their premiums for the 2012 policy year. They are pocketing that amount without having to pay for the therapy.

The 2012 legislative session has to FIX the law with language that will either authorize the Board of Medicine to act to promulgate regulations to license BCBAs in Virginia or altogether remove the licensure provision from the bill.

The Virginia Autism Project is coordinating efforts with our Patrons to properly implement this law.

Next Steps:

January 11, 2012—First day of Legislative Session

• Stay Tuned for Autism Legislative Day plans (date to be announced)
• Delegate Tag Greason and Senator Janet Howell are each introducing bills to “fix” the technical issues presented by the Governor’s amendment to our bill in the last session.
• BCBAs, BCaBAs, Providers and Families: JOIN OUR MAILIING LIST and receive ACTION NOTICES
• DONATE to the Virginia Autism Project to help us pay for expenses to implement the law.