SB 562 California Senate · 2021-2022 Regular Session

Health care coverage: pervasive developmental disorders or autism.

Summary
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law defines developmental disability for these purposes to include, among other things, autism. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract or a health insurance policy to provide coverage for behavioral health treatment for pervasive developmental disorder or autism, and defines "behavioral health treatment" to mean specified services and treatment programs, including treatment provided pursuant to a treatment plan that is prescribed by a qualified autism service provider and administered either by a qualified autism service provider or by a qualified autism service professional or qualified autism service paraprofessional who is supervised as specified. Existing law defines a "qualified autism service provider" to refer to a person who is certified or licensed and a "qualified autism service professional" to refer to a person who meets specified educational, training, and other requirements and is supervised and employed by a qualified autism service provider. Existing law defines a "qualified autism service paraprofessional" to mean an unlicensed and uncertified individual who meets specified educational, training, and other criteria, is supervised by a qualified autism service provider or a qualified autism service professional, and is employed by the qualified autism service provider. Existing law also requires a qualified autism service provider to design, in connection with the treatment plan, an intervention plan that describes, among other information, the parent participation needed to achieve the plan's goals and objectives, as specified. This bill would revise the definition of behavioral health treatment to require the services and treatment programs provided to be based on behavioral, developmental, relationship-based, or other evidence-based models. The bill also would revise the definition of a "qualified autism service professional" to include a registered, certified, or licensed associate or assistant regulated by one of a list of specified professional boards, and supervised by a qualified autism service provider practicing in the associate's or assistant's field of medicine. The bill would revise the training requirements for a qualified autism service paraprofessional by authorizing training to be provided by a qualified autism service provider practicing the evidence-based treatment modality that the qualified autism service paraprofessional will administer. This bill would require the qualified autism service provider to design an intervention plan that includes parent or caregiver participation, when clinically appropriate, that is individualized to the patient, or to develop an alternative plan if a parent or caregiver cannot participate, as specified. The bill would prohibit using the lack of parent or caregiver participation, implementation of an alternative plan, or the setting, location, or time of treatment as a reason to deny or reduce coverage for medically necessary services. Because a willful violation of the bill's provisions by a health care service plan would be a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Jun 2021
Senate Passage
Jun 2021
Assembly Passage
Aug 2022
Vetoed
Sep 2022
Introduced Feb 18, 2021 Vetoed Sep 27, 2022
Floor votes · Senate Jun 1, 2021 · Assembly Sep 1, 2022

How they voted

370
Passed
Total votes 37
Jun 1, 2021
D Democratic29
29 Yea
100% Yea
R Republican8
8 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
41
Key actions
14
Committee
5
Amendments
10
Sep 27, 2022
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Sep 27, 2022
Vetoed
Vetoed by the Governor.
upper
Sep 1, 2022
Assembly · Passed
Assembly Vote: pass (59-0-18)
assembly
Aug 31, 2022
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5419.) Ordered to engrossing and enrolling.
upper
Aug 31, 2022
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 31, 2022
Lower · Passed
Read third time. Passed. Ordered to the Senate.
lower
Aug 25, 2022
Lower · Passed
Read third time and amended.
lower
Aug 30, 2021
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 26, 2021
Lower · Passed
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 26).
lower
Jun 24, 2021
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jun 23, 2021
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 22).
lower
Jun 10, 2021
Committee
Referred to Com. on HEALTH.
lower
Jun 1, 2021
Upper · Passed
Read third time. Passed. (Ayes 40. Noes 0. Page 1324.) Ordered to the Assembly.
upper
May 20, 2021
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 20, 2021
Upper · Passed
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1197.) (May 20).
upper
Apr 22, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 877.) (April 21). Re-referred to Com. on APPR.
upper
Apr 7, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 5. Noes 0. Page 685.) (April 6). Re-referred to Com. on HEALTH.
upper
Mar 15, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S.
upper
Mar 8, 2021
Committee
Re-referred to Coms. on HUMAN S. and HEALTH.
upper
Mar 3, 2021
Committee
Referred to Coms. on HEALTH and HUMAN S.
upper
Feb 18, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Anthony Portantino
Anthony Portantino
DDemocratic
CA
25