Chapter Ins 3

Ins 3.36(5) (5) Nonintensive-level services.

Ins 3.36(5)(a) (a) Coverage for nonintensive-level services. Insurers and self-insured health plans shall provide coverage for an insured with a verified diagnosis of autism spectrum disorder for nonintensive-level services that are evidence-based and that are provided to an insured by a person who is at least a qualified provider, a qualified professional, a qualified therapist or a qualified paraprofessional in either of the following conditions:

Ins 3.36(5)(a)1. 1. After the completion of intensive-level services and designed to sustain and maximize gains made during intensive-level services treatment.

Ins 3.36(5)(a)2. 2. To an insured who has not and will not receive intensive-level services but for whom nonintensive-level services will improve the insured’s condition.

Ins 3.36(5)(b) (b) Requirements for coverage. Insurers and self-insured health plans shall provide coverage for evidence-based therapy that is consistent with all of the following requirements:

Ins 3.36(5)(b)1. 1. Based upon a treatment plan developed by an individual who minimally meets the requirements as a qualified provider, a qualified professional or a qualified therapist that includes specific evidence-based therapy goals that are clearly defined, directly observed and continually measured and that address the characteristics of autism spectrum disorders. Treatment plans shall require that the insured be present and engaged in the intervention.

Ins 3.36(5)(b)2. 2. Implemented by a person who is at least a qualified provider, qualified professional, qualified therapist, or a qualified paraprofessional.

Ins 3.36(5)(b)3. 3. Provided in an environment most conducive to achieving the goals of the insured’s treatment plan.

Ins 3.36(5)(b)4. 4. Implements identified therapeutic goals developed by the team including training and consultation, participation in team meetings and active involvement of the insured’s family.

Ins 3.36(5)(c) (c) Services. Insurers and self-insured health plans shall provide coverage for nonintensive-level services that may include direct or consultative services when provided by qualified providers, qualified supervising providers, qualified professionals, qualified therapists, or qualified paraprofessionals.

Ins 3.36(5)(d) (d) Progress assessment. Insurers and self-insured health plans shall require that progress be assessed and documented throughout the course of treatment. Insurers and self-insured health plans may request and review the insured’s treatment plan and the summary of progress on a periodic basis.

Ins 3.36(5)(e) (e) Travel. Insurers and self-insured health plans shall not include coverage of travel time by qualified providers, qualified supervising providers, qualified professionals, qualified therapists or qualified paraprofessionals when calculating the number of hours of care provided per week and are not required to separately reimburse for travel time.

Ins 3.36(6) (6) Transition to nonintensive-level services.

Ins 3.36(6)(a) (a) Notice of transition by insurer. Insurers and self-insured plans shall provide notice to the insured or the insured’s authorized representative regarding change in an insured’s level of treatment. The notice shall indicate the reason for transition that may include any of the following:

Ins 3.36(6)(a)1. 1. The insured has received forty-eight cumulative months of intensive-level services.

Ins 3.36(6)(a)2. 2. The insured no longer requires intensive-level services as supported by documentation from a qualified supervising provider, qualified intensive-level provider, or a qualified intensive-level professional.

Ins 3.36(6)(a)3. 3. The insured no longer receives evidence-based behavioral therapy for at least 20 hours per week over a six-month period of time.

Ins 3.36(6)(b) (b) Notice of break in service by insured. Insurers and self-insured plans may require an insured or an insured’s authorized representative to promptly notify the insurer or self-insured plan if the insured requires and qualifies for intensive-level services but the insured or the insured’s family or caregiver is unable to receive intensive-level services for an extended period of time. The insured or the insured’s authorized representative shall indicate the specific reason or reasons the insured or the insured’s family or caregiver is unable to comply with an intensive-level service treatment plan. Reasons for requesting intensive-level services be interrupted for an extended period of time may include a significant medical condition, surgical intervention and recovery, catastrophic event or any other reason the insurer or self-insured plan determines to be acceptable.

Ins 3.36(6)(c) (c) Documentation. Insurers and self-insured plans may not deny intensive-level services to an insured for failing to maintain at least 20 hours per week of evidence-based behavioral therapy over a six-month period when the insured or the insured’s authorized representative complied with par. (b) or the insured or the insured’s authorized representative can document that the insured failed to maintain at least 20 hours per week of evidence-based behavioral therapy due to waiting for waiver program services.

Ins 3.36(7) (7) Notice to insureds. Insurers and self-insured plans shall provide written notice regarding claims submitted and processed for the treatment of autism spectrum disorders to the insured or insured’s parents or authorized representative and include the total amount expended to date for the current policy year. The notice may be included with the explanation of benefits form or in a separate communication provided on a periodic basis during the course of treatment.

Ins 3.36(8) (8) Research that is the basis for efficacious treatment or efficacious strategies. Research designs that are sufficient to demonstrate that a treatment or strategy when used solely or in combination with other treatments or strategies, is effective in addressing the cognitive, social, and behavioral challenges associated with autism spectrum disorders demonstrates significant improvement shall include at least one of the following:

Ins 3.36(8)(a) (a) Two or more high quality experimental or quasi-experimental group design studies that meet all of the following criteria:

Ins 3.36(8)(a)1. 1. A clearly defined population for whom inclusion criteria have been delineated in a reliable, valid manner.

Ins 3.36(8)(a)2. 2. Outcome measures with established reliability and construct validity.

Ins 3.36(8)(a)3. 3. Independent evaluators who are not aware of the particular treatment utilized.

Ins 3.36(8)(b) (b) Five or more single subject design studies that meet all of the following criteria:

Ins 3.36(8)(b)1. 1. Studies must have been published in a peer-reviewed scientific or medical journal.

Ins 3.36(8)(b)2. 2. Studies must have been conducted by three different researchers or research groups in three different geographical locations.

Ins 3.36(8)(b)3. 3. The body of studies must have included 20 or more participants.

Ins 3.36(8)(c) (c) One high quality randomized or quasi-experimental group design study that meets all of the criteria in par. (a) and three high-quality single-subject design studies that meet all of the criteria in par. (b).

Ins 3.36(9) (9) Disputes. An insurer’s or a self-insured health plan’s determination regarding diagnosis and level of service may be considered an adverse determination if the insured disagrees with the determination. The insured or the insured’s authorized representative may file a grievance in accordance with s. Ins 18.03. The insured or the insured’s authorized representative may seek independent review of the coverage denial determination in accordance with s. Ins 18.11.

Ins 3.36(10) (10) Non-required coverage.

Ins 3.36(10)(a) (a) Services. Insurers and self-insured health plans are not required to cover any of the following:

Ins 3.36(10)(a)1. 1. Acupuncture.

Ins 3.36(10)(a)2. 2. Animal-based therapy including hippotherapy.

Ins 3.36(10)(a)3. 3. Auditory integration training.

Ins 3.36(10)(a)4. 4. Chelation therapy.

Ins 3.36(10)(a)5. 5. Child care fees.

Ins 3.36(10)(a)6. 6. Cranial sacral therapy.

Ins 3.36(10)(a)7. 7. Custodial or respite care.

Ins 3.36(10)(a)8. 8. Hyperbaric oxygen therapy.

Ins 3.36(10)(a)9. 9. Special diets or supplements.

Ins 3.36(10)(b) (b) Drugs and devices. Insurers and self-insured health plans shall not provide coverage for pharmaceuticals or durable medical equipment through s. 632.895 (12m), Stats. Coverage of pharmaceuticals and durable medical equipment shall be covered in compliance with the terms of the insured’s policy.

Ins 3.36(10)(c) (c) Fraudulent claims. Insurers and self-insured health plans shall not be required to pay claims that have been determined to be fraudulent.

Ins 3.36(10)(d) (d) Parents of children diagnosed with autism spectrum disorders. Insurers and self-insured health plans shall not be required to pay for treatment rendered by parents or legal guardians who are otherwise qualified providers, qualified supervising providers, qualified therapists, qualified professionals or qualified paraprofessionals for treatment rendered to their own children.

Ins 3.36(10)(e) (e) Denial of coverage. If an insurer or self-funded health plan generally provides benefits for an illness or injury, the insurer or self-funded health plan may not deny benefits otherwise provided for treatment of that illness or injury solely because the illness or injury relates to the insured’s autism spectrum disorder.

Ins 3.36(11) (11) Locations for services.

Ins 3.36(11)(a) (a) Insurers and self-insured health plans shall cover treatments, therapies and services to an insured diagnosed with autism spectrum disorders in locations including the provider’s office, clinic or in a setting conducive to the acquisition of the target skill. Treatments may be provided in schools when they are related to the goals of the treatment plan and do not duplicate services provided by a school.

Ins 3.36(11)(b) (b) Insurers and self-insured health plans are not required to cover therapy, treatment or services when provided to an insured who is residing in a residential treatment center, inpatient treatment or day treatment facility.

Ins 3.36(11)(c) (c) Insurers and self-insured health plans are not required to cover the cost for the facility or location or for the use of a facility or location when treatment, services or evidence-based therapy are provided outside an insured’s home.

Ins 3.36(12) (12) Annual publication CPI adjustment. The commissioner shall publish to the office of the commissioner of insurance website on or before December 1 of each year beginning December 1, 2011, the consumer price index for urban consumers as determined by the U.S. Department of Labor and publish the adjusted dollar amount in accordance with s. 632.895 (12m) (c) 1., Stats. The adjusted dollar amount published each December shall be used by insurers and self-insured health plans when complying with s. 632.895 (12m), Stats., effective the following January 1 for newly issued policies or on the first date of a modified, extended or renewed policy or certificate after January 1.

Ins 3.36(14) (14) Verification of service providers.

Ins 3.36(14)(a) (a) Insurers and self-insured health plans are required to verify the licensure, certification and all training or other credentials of a qualified supervising or intensive-level provider, a qualified provider and a qualified therapist.

Ins 3.36(14)(b) (b) Insurers and self-insured health plans shall require the following:

Ins 3.36(14)(b)1. 1. All service providers employing qualified paraprofessionals to verify the qualified paraprofessional’s credentials and to document that such employee or contractee has not been convicted of a felony or any crime involving maltreatment of a child in any jurisdiction and to periodically review and verify continuing compliance with this paragraph.

Ins 3.36(14)(b)2. 2. Certified outpatient mental health clinics employing or contracting for the services of qualified intensive-level professionals or qualified professionals to verify the credentials of a qualified intensive-level professional or qualified professional and to document that such employee or contractee has not been convicted of a felony or any crime involving maltreatment of a child in any jurisdiction and to periodically review and verify continuing compliance with this paragraph.

Ins 3.36(14)(c) (c) A provider, therapist, or professional working under the supervision of a certified outpatient mental health clinic, who is approved by the department and who has a signed Medicaid provider agreement to provide services through the waiver program to individuals with autism spectrum disorders prior to November 1, 2009 shall be deemed to be a qualified intensive-level provider or qualified intensive-level professional through October 31, 2011. Beginning November 1, 2011 any provider, therapist or professional shall comply with the training and education requirements for a qualified supervising provider, qualified intensive-level provider, qualified provider, qualified intensive-level professional, qualified professional or qualified therapist.

Ins 3.36(14)(d) (d) An insurer or self-insured health plans may elect to contract with certain providers, therapists and professionals who do not meet all of the requirements necessary to be considered qualified supervising providers, qualified intensive-level providers, qualified providers, qualified therapists, qualified intensive-level professionals or qualified professionals but who are approved by the department and who have a signed Medicaid provider agreement to provide services through the waiver program to individuals with autism spectrum disorders and who meet any criteria established by the insurer or self-insured health plan. The insurer or self-insured health plans shall have a verifiable and established process for rendering its determination for otherwise qualified supervising provider, qualified intensive-level provider, qualified provider, qualified intensive-level professional, qualified professional or qualified therapist.

Ins 3.36 History History: EmR1005: emerg. cr. eff. 3-8-10; CR 10-043: cr. Register September 2010 No. 657, eff. 10-1-10.

Ins 3.37 Ins 3.37 Transitional treatment arrangements.

Ins 3.37(1) (1) Purpose. This section implements s. 632.89 (4) (a), Stats.

Ins 3.37(2) (2) Applicability.

Ins 3.37(2)(a) (a) This section applies to group and blanket disability insurance policies issued or renewed on and after November 1, 1992, and prior to December 1, 2010, and group health benefit plans and self-insured governmental plans that elect and are eligible to be exempt pursuant to s. 632.89 (3c), (3f) or (5), Stats., that provide coverage for inpatient hospital services or outpatient services, as defined in s. 632.89 (1) (d) or (e), Stats. Group and blanket disability insurance policies and exempted group health benefit plans and self-insured governmental plans shall cover transitional treatment services and comply with subs. (2m), (3), (4), and (5).

Ins 3.37(2)(b) (b) Policies issued on or after December 1, 2010, by a group health benefit plan and a self-insured governmental health plan that are not otherwise exempt under s. 632.89 (3c), (3f) or (5), Stats., shall comply with subs. (2m), (3m), (4m), and (5m).

Ins 3.37(2m) (2m) Definitions. In addition to the definitions in s. 632.89 (1), Stats., in this section:

Ins 3.37(2m)(a) (a) “Individual health benefit plan” means an insurance product offered on an individual basis that meets the criteria established for a health benefit plan in s. 632.745 (11), Stats.

Ins 3.37(2m)(b) (b) “Eligible employee” has the meaning provided in s. 632.745 (5), Stats.

Ins 3.37(2m)(c) (c) “Qualified actuary” means a member in good standing of the American Academy of Actuaries who meets any other requirements that the commissioner may by rule specify as defined in s. 623.06 (1) (h), Stats., and in accordance with s. 632.89 (3c) (b), Stats.

Ins 3.37(2m)(d) (d) “Self-insured governmental plan” has the meaning of a self-insured health plan as defined at s. 632.89 (1) (em), Stats.

Ins 3.37(2m)(e) (e) “Substance use disorder” has the same meaning as “alcoholism and other drug abuse problems” as the phrase appears throughout s. 632.89, Stats.

Ins 3.37(2m)(f) (f) “Substantially all” has the meaning as provided in 29 CFR 2590.712 (a).

Ins 3.37(2m)(g) (g) “Treatment limitations” means the limitations that insurers offering group or individual health benefit plans and self-insured governmental plans may impose on treatment of nervous and mental disorders and substance use disorders as described in s. 632.89 (3), Stats.

Ins 3.37(3) (3) Covered services. An insurer offering a policy subject to this subsection shall provide at least the amount of coverage required under s. 632.89 (2) (dm) 2., 2007 Stats., subject to the exclusions or limitations, including deductibles and copayments, that are generally applicable to coverage required under s. 632.89 (2), 2007 Stats., for all of the following:

Ins 3.37(3)(a) (a) Mental health services for adults in a day treatment program compliant with the services identified at s. DHS 61.75 (2) and offered by a provider certified by the department of health services under s. DHS 61.75.

Ins 3.37(3)(b) (b) Mental health services for children and adolescents in a day treatment program compliant with the services identified at s. DHS 40.11 and offered by a provider certified by the department of health services under s. DHS 40.04.

Ins 3.37(3)(c) (c) Services for persons with chronic mental illness provided through a community support program compliant with the services identified at s. DHS 63.11 and certified by the department of health services under s. DHS 63.03.

Ins 3.37(3)(d) (d) Residential treatment programs compliant with the services identified at s. DHS 75.14 (1), for alcohol or drug dependent persons, or both, certified by the department of health services under s. DHS 75.14 (2) and under supervision as required in s. DHS 75.14 (5).

Ins 3.37(3)(e) (e) Services for substance use disorders provided in a day treatment program compliant with the services identified at s. DHS 75.12 (1), certified by the department of health services under s. DHS 75.12 (2) and under supervision as required in s. DHS 75.12 (5).

Ins 3.37(3)(f) (f) Intensive outpatient programs for narcotic treatment services for opiate addiction compliant with the services under s. DHS 75.15 (1) and (9), certified by the department of health services under s. DHS 75.15 (2) and under supervision as required in s. DHS 75.15 (4).

Ins 3.37(3)(g) (g) Coordinated emergency mental health services for persons who are experiencing a mental health crisis or who are in a situation likely to turn into a mental health crisis if support is not provided. Services are provided by a program compliant with s. DHS 34.22, certified by the department of health services under s. DHS 34.03, and provided in accordance with subch. III of ch. DHS 34 for the period of time the person is experiencing a mental health crisis until the person is stabilized or referred to other providers for stabilization. Certified emergency mental health service plans shall provide timely notice to third-party payors to facilitate coordination of services for persons who are experiencing or are in a situation likely to turn into a mental health crisis.

Ins 3.37(3m) (3m) Covered Services. An insurer offering a group health benefit plan or a self-insured governmental plan subject to this subsection shall provide at least the amount of coverage for services included in s. 632.89 (2) (dm), Stats., subject to the exclusions or limitations, including deductibles and copayments, that are generally applicable to coverage required under s. 632.89 (3), Stats., for all of the following:

Ins 3.37(3m)(a) (a) Mental health services for adults in a day treatment program compliant with the services identified at s. DHS 61.75 (2) and offered by a provider certified by the department of health services under s. DHS 61.75.

Ins 3.37(3m)(b) (b) Mental health services for children and adolescents in a day treatment program compliant with the services identified at s. DHS 40.11 and offered by a provider certified by the department of health services under s. DHS 40.04.

Ins 3.37(3m)(c) (c) Services for persons with chronic mental illness provided through a community support program compliant with the services identified at s. DHS 63.11 and certified by the department of health services under s. DHS 63.03.

Ins 3.37(3m)(d) (d) Residential treatment programs compliant with the services identified at s. DHS 75.14 (1), for alcohol or drug dependent persons, or both, certified by the department of health services under s. DHS 75.14 (2) and under supervision as required in s. DHS 75.14 (5).

Ins 3.37(3m)(e) (e) Services for substance use disorders provided in a day treatment program compliant with the services identified at s. DHS 75.12 (1), certified by the department of health services under s. DHS 75.12 (2) and under supervision as required in s. DHS 75.12 (5).

Ins 3.37(3m)(f) (f) Intensive outpatient programs for narcotic treatment service for opiate addiction compliant with the services under s. DHS 75.15 (1) and (9), certified by the department of health services under s. DHS 75.15 (2) and under supervision as required in s. DHS 75.15 (4).

Ins 3.37(3m)(g) (g) Coordinated emergency mental health services for persons who are experiencing a mental health crisis or who are in a situation likely to turn into a mental health crisis if support is not provided. Services are provided by a program compliant with s. DHS 34.22, certified by the department of health services under s. DHS 34.03, and provided in accordance with subch. III of ch. DHS 34 for the period of time the person is experiencing a mental health crisis until the person is stabilized or referred to other providers for stabilization. Certified emergency mental health service plans shall provide timely notice to third-party payors to facilitate coordination of services for persons who are experiencing or are in a situation likely to turn into a mental health crisis.

Ins 3.37(4) (4) Out-of-state services and programs. An insurer offering a group and blanket disability plan or exempt group health benefit plans and self-insured governmental plans may comply with sub. (3) (a) to (g) by providing coverage for services and programs that are substantially similar to those specified in sub. (3) (a) to (g), if the provider is in compliance with similar requirements of the state in which the provider is located.