Okla. Stat. tit. 36, § 36-6060.21
This is the official text of Okla. Stat. tit. 36, § 36-6060.21, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Screening, diagnosis and treatment of autism spectrum
Official statutory text
disorder.
A. For all plans issued or renewed on or after November 1,
2016, a health benefit plan and the Oklahoma Employees Health
Insurance Plan shall provide coverage for the screening, diagnosis
and treatment of autism spectrum disorder in individuals. No
insurer shall terminate coverage, or refuse to deliver, execute,
issue, amend, adjust or renew coverage to an individual solely
because the individual is diagnosed with or has received treatment
for an autism spectrum disorder.
B. Coverage under this section shall be subject to the
provisions set forth in Section 6060.11 of this title; provided,
however, that coverage shall not be subject to any limits on the
number of visits an individual may make for treatment of autism
spectrum disorder.
C. Coverage under this section shall not be subject to dollar
limits, deductibles or coinsurance provisions that are less
favorable to an insured than the dollar limits, deductibles or
Oklahoma Statutes - Title 36. Insurance Page 1116
coinsurance provisions that apply to substantially all medical and
surgical benefits under the health benefit plan.
D. This section shall not be construed as limiting benefits
that are otherwise available to an individual under a health benefit
plan.
E. Coverage for applied behavior analysis shall include the
services provided or supervised by a board-certified behavior
analyst, a board-certified assistant behavior analyst or a licensed
doctoral-level psychologist.
F. Except for inpatient services, if an insured is receiving
treatment for an autism spectrum disorder, an insurer shall have the
right to review the treatment plan annually, unless the insurer and
the insured's treating physician or psychologist agree that a more
frequent review is necessary. Any such agreement regarding the
right to review a treatment plan more frequently shall apply only to
a particular insured being treated for an autism spectrum disorder
and shall not apply to all individuals being treated for autism
spectrum disorder by a physician or psychologist. The cost of
obtaining any review or treatment plan shall be borne by the
insurer.
G. This section shall not be construed as affecting any
obligation to provide services to an individual under an
individualized family service plan, an individualized education
program or an individualized service plan.
H. As used in this section:
1. "Applied behavior analysis" means the design, implementation
and evaluation of environmental modifications, using behavioral
stimuli and consequences, to produce socially significant
improvement in human behavior including the use of direct
observation, measurement and functional analysis of the relationship
between environment and behavior;
2. "Autism spectrum disorder" means any of the pervasive
developmental disorders or autism spectrum disorders as defined by
the most recent edition of the Diagnostic and Statistical Manual of
Mental Disorders (DSM) or the edition that was in effect at the time
of diagnosis;
3. "Behavioral health treatment" means counseling and treatment
programs including applied behavior analysis, that are:
a. necessary to develop, maintain or restore, to the
maximum extent practicable, the functioning of an
individual, and
b. provided or supervised by a board-certified behavior
analyst, a board-certified assistant behavior analyst
or by a licensed doctoral-level psychologist so long
as the services performed are commensurate with the
psychologist's university training and experience;
Oklahoma Statutes - Title 36. Insurance Page 1117
4. "Diagnosis of autism spectrum disorder" means medically
necessary assessment, evaluations or tests to diagnose whether an
individual has an autism spectrum disorder;
5. "Health benefit plan" means any plan or arrangement as
defined in subsection C of Section 6060.4 of Title 36 of the
Oklahoma Statutes;
6. "Oklahoma Employees Health Insurance Plan" means "Health
le 36. Insurance Page 1117
4. "Diagnosis of autism spectrum disorder" means medically
necessary assessment, evaluations or tests to diagnose whether an
individual has an autism spectrum disorder;
5. "Health benefit plan" means any plan or arrangement as
defined in subsection C of Section 6060.4 of Title 36 of the
Oklahoma Statutes;
6. "Oklahoma Employees Health Insurance Plan" means "Health
Insurance Plan" as defined in Section 1303 of Title 74 of the
Oklahoma Statutes;
7. "Pharmacy care" means medications prescribed by a licensed
physician and any health-related services deemed medically necessary
to determine the need or effectiveness of the medications;
8. "Psychiatric care" means direct or consultative services
provided by a psychiatrist licensed in the state in which the
psychiatrist practices;
9. "Psychological care" means direct or consultative services
provided by a psychologist licensed in the state in which the
psychologist practices;
10. "Therapeutic care" means services provided by licensed or
certified speech therapists, occupational therapists or physical
therapists; and
11. "Treatment for autism spectrum disorder" means evidence-
based care and related equipment prescribed or ordered for an
individual diagnosed with an autism spectrum disorder by a licensed
physician or a licensed doctoral-level psychologist who determines
the care to be medically necessary including, but not limited to:
a. behavioral health treatment,
b. pharmacy care,
c. psychiatric care,
d. psychological care, and
e. therapeutic care.
A. For all plans issued or renewed on or after November 1,
2016, a health benefit plan and the Oklahoma Employees Health
Insurance Plan shall provide coverage for the screening, diagnosis
and treatment of autism spectrum disorder in individuals. No
insurer shall terminate coverage, or refuse to deliver, execute,
issue, amend, adjust or renew coverage to an individual solely
because the individual is diagnosed with or has received treatment
for an autism spectrum disorder.
B. Coverage under this section shall be subject to the
provisions set forth in Section 6060.11 of this title; provided,
however, that coverage shall not be subject to any limits on the
number of visits an individual may make for treatment of autism
spectrum disorder.
C. Coverage under this section shall not be subject to dollar
limits, deductibles or coinsurance provisions that are less
favorable to an insured than the dollar limits, deductibles or
Oklahoma Statutes - Title 36. Insurance Page 1116
coinsurance provisions that apply to substantially all medical and
surgical benefits under the health benefit plan.
D. This section shall not be construed as limiting benefits
that are otherwise available to an individual under a health benefit
plan.
E. Coverage for applied behavior analysis shall include the
services provided or supervised by a board-certified behavior
analyst, a board-certified assistant behavior analyst or a licensed
doctoral-level psychologist.
F. Except for inpatient services, if an insured is receiving
treatment for an autism spectrum disorder, an insurer shall have the
right to review the treatment plan annually, unless the insurer and
the insured's treating physician or psychologist agree that a more
frequent review is necessary. Any such agreement regarding the
right to review a treatment plan more frequently shall apply only to
a particular insured being treated for an autism spectrum disorder
and shall not apply to all individuals being treated for autism
spectrum disorder by a physician or psychologist. The cost of
obtaining any review or treatment plan shall be borne by the
insurer.
G. This section shall not be construed as affecting any
obligation to provide services to an individual under an
individualized family service plan, an individualized education
program or an individualized service plan.
H. As used in this section:
1. "Applied behavior analysis" means the design, implementation
and evaluation of environmental modifications, using behavioral
stimuli and consequences, to produce socially significant
improvement in human behavior including the use of direct
observation, measurement and functional analysis of the relationship
between environment and behavior;
2. "Autism spectrum disorder" means any of the pervasive
developmental disorders or autism spectrum disorders as defined by
the most recent edition of the Diagnostic and Statistical Manual of
Mental Disorders (DSM) or the edition that was in effect at the time
of diagnosis;
3. "Behavioral health treatment" means counseling and treatment
programs including applied behavior analysis, that are:
a. necessary to develop, maintain or restore, to the
maximum extent practicable, the functioning of an
individual, and
b. provided or supervised by a board-certified behavior
analyst, a board-certified assistant behavior analyst
or by a licensed doctoral-level psychologist so long
as the services performed are commensurate with the
psychologist's university training and experience;
Oklahoma Statutes - Title 36. Insurance Page 1117
4. "Diagnosis of autism spectrum disorder" means medically
necessary assessment, evaluations or tests to diagnose whether an
individual has an autism spectrum disorder;
5. "Health benefit plan" means any plan or arrangement as
defined in subsection C of Section 6060.4 of Title 36 of the
Oklahoma Statutes;
6. "Oklahoma Employees Health Insurance Plan" means "Health
le 36. Insurance Page 1117
4. "Diagnosis of autism spectrum disorder" means medically
necessary assessment, evaluations or tests to diagnose whether an
individual has an autism spectrum disorder;
5. "Health benefit plan" means any plan or arrangement as
defined in subsection C of Section 6060.4 of Title 36 of the
Oklahoma Statutes;
6. "Oklahoma Employees Health Insurance Plan" means "Health
Insurance Plan" as defined in Section 1303 of Title 74 of the
Oklahoma Statutes;
7. "Pharmacy care" means medications prescribed by a licensed
physician and any health-related services deemed medically necessary
to determine the need or effectiveness of the medications;
8. "Psychiatric care" means direct or consultative services
provided by a psychiatrist licensed in the state in which the
psychiatrist practices;
9. "Psychological care" means direct or consultative services
provided by a psychologist licensed in the state in which the
psychologist practices;
10. "Therapeutic care" means services provided by licensed or
certified speech therapists, occupational therapists or physical
therapists; and
11. "Treatment for autism spectrum disorder" means evidence-
based care and related equipment prescribed or ordered for an
individual diagnosed with an autism spectrum disorder by a licensed
physician or a licensed doctoral-level psychologist who determines
the care to be medically necessary including, but not limited to:
a. behavioral health treatment,
b. pharmacy care,
c. psychiatric care,
d. psychological care, and
e. therapeutic care.
Status: in_force · Read it on the official government site
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