Autism Spectrum Disorder (ASD) Overview
Autism spectrum disorder (ASD) is a developmental disability that can cause significant social, communication and behavioral challenges. People with ASD often have no physical characteristics that sets them apart from other people, but they may communicate, interact, behave, and learn in different ways. The learning, thinking, and problem-solving abilities of people with ASD can range from gifted to severely challenged. Some people with ASD need a lot of help in their daily lives; others need less.
A diagnosis of ASD now includes several conditions that used to be diagnosed separately: autistic disorder, pervasive developmental disorder not otherwise specified (PDD-NOS), and Asperger syndrome. These conditions are now collectively referred to as autism spectrum disorder.
Insurance coverage and benefits for individuals with ASD can vary depending on the type of health insurance policy or contract issued, original issue date, and whether the policy or contract is an individual, small group or large group health plan. Coverage requirements are dictated by state and/or federal law based on these and other factors.
Sections 627.6686 and 641.31098, Florida Statutes, dictate coverage requirements for individuals with ASD and other developmental disabilities. These statutes apply to Florida regulated, fully-insured large group health insurance and Health Maintenance Organization plans, including the state employee group health insurance program. Coverage for applied behavioral analysis (ABA) is mandated for eligible individuals, which is defined as an individual under 18 years of age or an individual 18 years of age or older who is in high school who has been diagnosed as having a developmental disability at 8 years of age or younger.
The types of coverage include treatment of ASD and Down Syndrome through speech therapy, occupational therapy, physical therapy, and applied behavior analysis. ABA services must be provided by individuals certified as a behavioral analyst under section 393.17, Florida Statutes, or an individual licensed under chapter 490 (Psychologist) or chapter 491 (Clinical, Counseling, and Psychotherapy).
Well-baby and well-child screening for diagnosing the presence of ASD is also required. Insurers are not allowed to deny any of these benefits stating the services are habilitative in nature. Minimum benefits for the specified treatments are $36,000 annually and $200,000 in total lifetime benefits. Most large group health plans also must comply with the federal Mental Health Parity and Addiction Equity Act (MHPAEA). You can visit the federal Center for Medicare and Medicaid (CMS) website for more information on MHPAEA at https://www.cms.gov/CCIIO/Programs-and-Initiatives/Other-Insurance-Protections/mhpaea_factsheet.
The regulation of coverage and benefits for ASD under individual and small group health plans are included under the federal Mental Health Parity and Addiction Equity Act (MHPAEA). The requirements of the MHPAEA applied primarily to large group health plans until the passage and implementation of the Affordable Care Act (ACA). Small group and individual qualified health plans effective on or after January 1, 2014, are required to provide ten essential health benefits, with one being coverage for mental health and substance use disorders. Federal guidelines require individual and small group plans subject to the ACA to meet the requirements of the MHPAEA to satisfy the essential health benefit mandate. The ACA nor MHPAEA explicitly mandates applied behavioral analysis (ABA) therapy as outlined in Florida law for large group plans. However, ABA therapy may be a covered service under individual and small group plans.
Grandfathered and transitional individual and small group health plans are not required to include mental health and substance use disorder benefits and are not subject to requirements of the ACA as it relates to mental health benefits. However, if a grandfathered or transitional individual health plan includes mental health benefits, it must comply with the requirements of the MHPAEA.
Please note: The information contained on this site is restricted to the requirements of Florida fully-regulated commercial (individual and group) health policies and contracts as well as the State of Florida employee group health plans. The Department does not have authority over self-insured plans under the Employee Retirement Income Security Act of 1974 (ERISA), employer group health plans issued outside the State of Florida, Medicaid, Medicare, Tricare, or any other governmental health plan. Please see our Consumer Tips & Resources section below to determine the correct state or federal agency for these types of coverage.
Frequently Asked Questions
ABA is a therapy based on the science of learning and behavior. It is typically used to help people with autism spectrum disorder (ASD) and other developmental disorders learn behaviors that help them live safer and more fulfilling lives.
ABA focuses on teaching necessary skills and stopping dangerous behaviors rather than preventing harmless self-stimulatory behavior (stims). Therapists work with individuals with ASD and other developmental disorders to improve skills such as:
- Communication and language abilities
- Social skills
- Self-care and hygiene routines
- Play and leisure skills
- Motor abilities
- Learning and academic skills
Treatment of ASD and Down Syndrome, through speech therapy, occupational therapy, physical therapy, and applied behavior analysis services must be provided by an individual certified pursuant to section 393.17, Florida Statutes, or an individual licensed under Chapter 490 or Chapter 491, Florida Statutes.
These include:
An eligible individual is defined as an individual under 18 years of age or an individual 18 years of age or older who is in high school and has been diagnosed as having a developmental disability at 8 years of age or younger.
Yes, insurers and HMOs may not deny or refuse to issue coverage for medically necessary services, refuse to contract with, or refuse to renew or reissue or otherwise terminate or restrict coverage for an individual solely because the individual is diagnosed as having a developmental disability. Policy or contract benefits must be applied uniformly, regardless of an individual's medical or developmental history.
If the insurer refuses to pay a claim or denies pre-authorization for a service, you have the right to appeal the decision. Insurers must tell you why they've denied the claim or pre-authorization and they must let you know how you can dispute their decision.
For more details about the internal and external appeal processes, review the Filing an Appeal section.
Consumer Tips & Resources
The State of Florida regulates commercial (individual and group) insurance policies as well as individual and group HMO contracts that are issued in our state. If you have a plan from another state, a Medicare Advantage plan, a Medicaid managed care plan, a self-insured private employer plan, or a governmental health plan, please contact the appropriate state or federal agency for assistance.
Commercial health plan issued in another state
Select the appropriate state - https://content.naic.org/state-insurance-departments
Medicare Parts A and B
Contact Medicare at 1-800-633-4227
Medicare Advantage Plan
Contact Medicare at 1-800-633-4227
Florida Medicaid Managed Care
A complaint should be filed with the health plan first. If unsuccessful, contact:
Agency for Healthcare Administration (AHCA)
1-877-254-1055
File a complaint online at:
http://ahca.myflorida.com/Medicaid/complaints/complaints_provider.shtml
Self-insured non-governmental plans (private employer)
U.S. Department of Labor
Employee Benefit Security Administration
1000 S. Pine Island Road, Suite 100
Plantation, FL 33324
Toll-Free Helpline: 1-866-444-3272
Direct:
(954) 424-4022
Self-insured non-federal governmental plans
First contact the local county or city officials but if not resolved, then email the federal Department of Health and Human Services at phig@cms.hhs.gov.
State of Florida employees should contact:
Department of Management Services, Division of State Group Insurance
P.O. Box 5450
Tallahassee, FL 32314-5450
Phone: (850) 921-4600 or 1-800-226-3734
Fax - (850) 488-0252
or (850) 921-4528
Federal employee plans
U.S. Office of Personnel Management
Federal Employee Health Benefit Programs
1900 E. Street NW, Room 3443
Washington, DC 20415-0001
Phone: (202) 606-0727
Tricare (military plans)
Palmetto Government Benefits Administration
Tricare Claims Department
P.O. Box 7031
Camden, SC 29020-7031
Toll Free: 1-800-444-5445 (East Region)
Website Address: https://tricare.mil/PatientResources/ContactUs
Verify the licensure of a Certified Behavior Analyst, Psychologist, Clinical Social Worker or Mental Health Counselor
Florida Department of Health - https://mqa-internet.doh.state.fl.us/MQASearchServices/Home
Apply for Medicaid benefits
https://www.myflfamilies.com/services/public-assistance
Phone numbers for Medicaid Regional offices
https://www.myflfamilies.com/contact-us/
Center for Disease Control
https://www.cdc.gov/ncbddd/autism/index.html
Florida Healthy Kids Program
https://www.floridakidcare.org/
or call 1-888-540-5437 (TTY 1-800-955-8771)
Autism Speaks
https://www.autismspeaks.org/
Autism Society
https://autismsociety.org/
Autism Science Foundation
https://autismsciencefoundation.org/
Easter Seals
https://www.easterseals.com/
Florida State University - Center for Autism &; Related Disabilities
https://fsucard.com/general-info/
Autism Navigator
https://autismnavigator.com/
Filing an Appeal for a Denied Pre-Authorization or Claim
If your claim or pre-authorization is denied, you have the right to an internal appeal. Some plans have two levels of internal appeals available. You can ask your insurer to conduct a full and fair review of its decision. If the case is urgent, your insurer must speed up this process.
There are 3 steps in the internal appeals process:
- You or your provider files a claim or request for pre-authorization of a service.
-
Your insurer denies the claim or pre-authorization. Your insurer must notify you in writing and explain why:
- Within 15 days if you're seeking prior authorization for a treatment
- Within 30 days for medical services already received
- Within 72 hours for urgent care cases
-
You file an internal appeal. To file an internal appeal, you need to:
- Complete all forms required by your insurer, or you can write to your insurer with your name, claim number, and health insurance ID number.
- Submit any additional information that you want the insurer to consider, such as a letter from the doctor and/or medical records.
You must file your internal appeal within 180 days (6 months) of receiving notice that your claim was denied. If you have an urgent health situation, notify the insurer at the time of your appeal. If your insurer still denies your claim after exhausting the internal appeals process, you can file for an external review for a denial based on an adverse benefit determination such as medical necessity or an experimental and/or investigational treatment.
How long does an internal appeal take?
- Your internal appeal must be completed within 30 days if your appeal is for a service you haven't received yet.
- Your internal appeal must be completed within 60 days if your appeal is for a service you've already received.
In urgent situations, you can request an external review even if you haven't completed all the insurer's internal appeals processes. You can file an expedited appeal if the timeline for the standard appeal process would seriously jeopardize your life or your ability to regain maximum function.
You have the right to take your appeal to an independent third party for review. External review means that the insurer no longer gets the final say over whether to pay a claim or authorize a service covered under the plan benefits.
There are 2 steps in the external review process:
- You file an external review: You must file a written request for an external review within four months after the date you receive a notice or final determination from your insurer that your claim or pre-authorization has been denied.
- External reviewer issues a final decision: An external reviewer either upholds your insurer's decision or decides in your favor. Your insurer is required by law to accept the external reviewer's decision.
Types of denials that can go to external review:
- Any denial that involves medical judgment (medical necessity) where you or your provider may disagree with the insurer, or
- Any denial that involves a determination that a treatment is experimental or investigational.
Denials based on a specific policy or contract exclusion or denied services due to a policy cancellation or termination are not eligible for an external review.
How long does an external review take?
Standard external reviews are decided as soon as possible but no later than 45 days after the request was received.
Expedited external reviews are decided as soon as possible but no later than 72 hours, or less, depending on the medical urgency
of the case, after the request was received.
Can someone file an external review for me?
You may appoint a representative (like your doctor or another medical professional) who knows about your medical condition to file an external review on your behalf.
The Department of Financial Services, in conjunction with the Office of Insurance Regulation, regulate the prompt payment of health insurance claims under section 627.6131, Florida Statutes, for insurance companies and section 641.3155, Florida Statutes, for Health Maintenance Organizations (HMOs). If you are experiencing claim payment delay issues that are in violation of our prompt pay laws, please visit our Medical Providers page to request assistance from our office.
Under section 408.7057, Florida Statutes, claims which involve a dispute regarding whether payment should be made or the amount of a payment, should be referred to the Statewide Provider and Health Plan Claim Dispute Resolution Program (Maximus). The Agency for Health Care Administration (AHCA) contracts with Maximus to administer this dispute resolution program. You may obtain information regarding the claim dispute resolution process by calling Maximus toll-free at 1-866-763-6395.
Disputes involving the reimbursement rates for individual providers is considered a private, contractual matter that needs to be addressed between the parties involved.
Get Insurance Help
- ONLINE: Get Insurance Help
- EMAIL: Consumer.Services@myfloridacfo.com
- FLORIDA INSURANCE CONSUMER HELPLINE
Statewide/Toll-free: 1-877-693-5236 Out of State: (850) 413-3089