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 preliminary 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. A second diagnosis may be
2.16obtained during the diagnostic assessment process.
2.17    (b) Additional diagnostic assessment information may be considered including from
2.18special education evaluations and licensed school personnel, and from professionals
2.19licensed in the fields of medicine, speech and language, psychology, occupational therapy,
2.20and physical therapy.
2.21(c) If the commissioner determines there are access problems or delays in diagnosis
2.22for a geographic area due to the lack of qualified professionals, the commissioner shall
2.23waive the requirement in paragraph (a), clause (2), for two professionals and allow a
2.24diagnosis to be made by one professional for that geographic area. This exception must be
2.25limited to a specific period of time until, with stakeholder input as described in subdivision
2.268, there is a determination of an adequate number of professionals available to require two
2.27professionals for each diagnosis for two diagnoses described in paragraph (a).

2.28    Sec. .... Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 5,
2.29is amended to read:
2.30    Subd. 5. Diagnostic assessment. (a) The following information and assessments
2.31must be performed, reviewed, and relied upon for the eligibility determination, treatment
2.32and services recommendations, and treatment plan development for the child:
2.33    (1) an assessment of the child's developmental skills, functional behavior, needs, and
2.34capacities based on direct observation of the child which must be administered by a licensed
3.1mental health professional and may also include observations from family members,
3.2school personnel, child care providers, or other caregivers, as well as any medical or
3.3assessment information from other licensed professionals such as the child's physician,
3.4rehabilitation therapists, licensed school personnel, or mental health professionals; and
3.5    (2) an assessment of parental or caregiver capacity to participate in therapy including
3.6the type and level of parental or caregiver involvement and training recommended.
3.7(b) Children eligible for this benefit shall receive early, timely access to diagnosis,
3.8treatment, and services. A child with an autism spectrum disorder diagnosis may begin
3.9treatment for a six month period as part of a comprehensive preliminary assessment on the
3.10recommendation of a qualified provider.

3.11    Sec. .... Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 7,
3.12is amended to read:
3.13    Subd. 7. Ongoing eligibility. (a) An independent A progress evaluation conducted
3.14by a licensed mental health professional with expertise and training in autism spectrum
3.15disorder and child development must be completed after each the first six months of
3.16treatment and not more than once every 12 months thereafter, or more frequently as
3.17determined by the commissioner unless the treating licensed mental health professional
3.18determines more frequent evaluations are necessary, to determine if progress is being
3.19made toward achieving generalizable goals and meeting functional goals contained in
3.20the treatment plan.
3.21    (b) The progress evaluation must include:
3.22    (1) the treating provider's report;
3.23    (2) parental or caregiver input;
3.24    (3) an independent observation of the child which can be performed by the child's
3.25licensed special education staff;
3.26    (4) any treatment plan modifications; and
3.27    (5) recommendations for continued treatment services.
3.28    (c) Progress evaluations must be submitted to the commissioner in a manner
3.29determined by the commissioner for this purpose.
3.30    (d) A child who continues to achieve generalizable goals and treatment goals as
3.31specified in the treatment plan and who is recommended for continued treatment services
3.32by the treating mental health professional under paragraph (b), clause (5), is eligible to
3.33continue receiving this benefit.
3.34    (e) The commissioner may consider an alternative eligibility recommendation to the
3.35recommendation of the treating mental health professional under paragraph (b), clause (5),
4.1if there is a detailed report provided by a licensed mental health professional with expertise
4.2treating children with autism spectrum disorder using the relevant treatment modality
4.3showing that progress is not being made in a particular case. In this case, treatment shall
4.4not be interrupted and shall continue to be reimbursed until a final determination is made.
4.5    (f) A child's treatment shall continue to be reimbursed during the progress evaluation
4.6using the process determined under subdivision 8, clause (8) until a final determination is
4.7made. Treatment may continue during an appeal pursuant to section 256.045.

4.8    Sec. .... Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 9,
4.9is amended to read:
4.10    Subd. 9. Revision of treatment options. (a) The commissioner may revise add
4.11 covered treatment options as needed based on outcome data and other evidence.
4.12    (b) Before the changes become effective, the commissioner must provide public
4.13notice of the changes, the reasons for the change, and a 30-day public comment period
4.14to those who request notice through an electronic list accessible to the public on the
4.15department's Web site.

4.16    Sec. .... Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 11,
4.17is amended to read:
4.18    Subd. 11. Federal approval of the autism benefit. The provisions of subdivision
4.199 this section shall apply to state plan services under title XIX of the Social Security
4.20Act when federal approval is granted under a 1915(i) waiver or other authority which
4.21allows children eligible for medical assistance through the TEFRA option under section
4.22256B.055 , subdivision 12, to qualify and includes children eligible for medical assistance
4.23in families over 150 percent of the federal poverty guidelines."
4.24Page 132, after line 12, insert:

4.25    "Sec. .... Laws 2013, chapter 108, article 7, section 14, the effective date, is amended to
4.26read:
4.27EFFECTIVE DATE.Subdivisions 1 to 7 and 9, are effective upon federal approval
4.28consistent with subdivision 11, but no earlier than March July 1, 2014. Subdivisions
4.298, 10, and 11 are effective July 1, 2013."
4.30Renumber the sections in sequence and correct the internal references
4.31Amend the title accordingly