AB 141

Under current law, the Department of Health Services (DHS) provides in-home

services, under a Medical Assistance (MA) waiver of federal law, to children who have

been diagnosed with an autism spectrum disorder and who would not otherwise be

eligible for MA benefits. This bill requires DHS to provide autism services under the

MA autism benefit to all individuals who are eligible for the services and prohibits

DHS from using a waiting list to limit or delay the provision of those services to

eligible individuals. The bill also creates a sum sufficient general purpose revenue

appropriation to DHS for the autism benefit. In addition, DHS is required to seek

a waiver or an amendment to the existing waiver if DHS determines that that is

necessary for the provision of the services to all individuals who are eligible and to

authorize federal financial participation for MA reimbursement for providing the

services to all eligible individuals.

The bill requires a health care provider who diagnoses a patient with a

condition, injury, or illness other than alcoholism, drug dependency, or mental

illness, that requires further treatment, to provide the patient (or, if a minor, the

patient's parent, guardian, or legal custodian) with any necessary and appropriate

referral for further treatment or services.

In addition, the bill directs DHS to annually distribute to parents of children

with autism information regarding therapies such parents may provide at home to

complement the child's treatment or individualized education program. DHS must

distribute the information to local educational agencies and physicians.

The bill requires licensure of persons who engage in autism paraprofessional

practice, defined as the provision of services for compensation to an individual with

autism for which current law does not require a licensure as a physician, physician

assistant, nurse, chiropractor, pharmacist, psychologist, or other professional

specified in the bill.

The bill creates an Autism Paraprofessional Board (board) composed of two

psychiatrists, one pediatrician, one psychologist, one social worker, and two public

members. The public members must each be the parent of a child who has been

diagnosed with autism. The bill requires the board to promulgate rules that

establish educational criteria and practice standards for autism paraprofessionals

and permits the board to promulgate rules that create ethical standards and

continuing education requirements for autism paraprofessionals.

Under the bill, the board may discipline an autism paraprofessional who does

any of the following: 1) intentionally makes a material misstatement in an

application for a license or for renewal; 2) engages in autism paraprofessional

practice while impaired by alcohol or other drugs; 3) makes a substantial

misrepresentation that is relied upon by a client; or 4) violates any law that

substantially relates to autism paraprofessional practice.