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  • Acts
  • 2005
  • Chapter 107 AN ACT RELATIVE TO FEDERAL REIMBURSEMENT FOR SERVICES FOR CHILDREN WITH AUTISM.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


The secretary of health and human services shall, within 3 months of the effective date of this act, apply to the federal Centers for edicare & Medicaid Services for a home and community-based services waiver under section 1915(c) of the federal Social Security Act, 42 U.S.C. section 1396(n), to allow eligible children with autism spectrum disorder to receive waiver services to support the children in their homes and communities.

The waiver application shall provide services for children with autism spectrum disorder who are institutionalized or at risk of institutionalization. Autism spectrum disorder includes the following disorders as defined in the Diagnostic and Statistical Manual of Mental Disorders, fourth edition (DSM-IV-TR, 2000): autistic disorder, Asperger's disorder, pervasive developmental disorder not otherwise specified, childhood disintegrative disorder, and Rett's disorder.

The waiver application shall include intensive in-home intervention services for children with autism spectrum disorder, and any other services determined appropriate to support children with autism spectrum disorder in their homes and communities.

The waiver application shall specify the required credentials for the providers of services covered by the waiver, including credentials required for supervisors of direct care providers and credentials required for direct care providers.

The waiver application shall ensure that the process and procedures for applying for waiver services are fully accessible to families of children with autism spectrum disorder who are from linguistically and culturally diverse communities.

Services under the waiver shall be coordinated with services provided by school committees under chapters 71B and 111G of the General Laws. This section shall not affect or limit a school district's ability to obtain Medicaid reimbursement for school-related health services, or affect or limit a school district's responsibility to provide all services, including home-based services, required pursuant to said chapter 71B, 20 U.S.C. section 1400 to 1487, inclusive, and 29 U.S.C. section 794.

On January 15, 2006, and every year thereafter, the secretary of health and human services shall file a report with the clerk of the house of representatives who shall forward the same to the joint committees on education and health care financing on the status of the waiver application and on the operation of waiver, once obtained. The report on the operation of the waiver shall include, but not be limited to, a description of the number of children receiving services under the waiver, the race and primary language of the children served and their families, the types of services provided, and any available information pertaining to impact and effectiveness of the waiver.

Approved October 5, 2005.