STAND. COM. REP. NO. 2085-22

Honolulu, Hawaii

, 2022

RE: S.C.R. No. 130

S.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred S.C.R. No. 130, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH AND DEPARTMENT OF HUMAN SERVICES TO JOINTLY REVIEW ANY RESEARCH REGARDING APPLIED BEHAVIORAL ANALYSIS FOR ADULTS; AND TO DEVELOP AND ADOPT ALL RULES, POLICIES, AND PLAN AMENDMENTS NECESSARY FOR THE STATE MEDICAID PROGRAM TO COVER MEDICALLY-NEEDED SERVICES, INCLUDING APPLIED BEHAVIOR ANALYSIS SERVICES, FOR INDIVIDUALS AGED TWENTY-ONE AND OLDER WITH NEURODEVELOPMENTAL DISORDERS, INCLUDING AUTISM SPECTRUM DISORDER,"

begs leave to report as follows:

The purpose of this measure is to request that the Department of Health and Department of Human Services:

(1) Jointly review any research regarding applied behavioral analysis for adults; and

(2) Develop and adopt all rules, polices, and Medicaid state plan amendments necessary to ensure that the State Medicaid program covers medically-needed services, including applied behavioral analysis services, for individuals aged twenty-one and older with neurodevelopmental disorders, including autism spectrum disorder.

Your Committee received testimony in support of this measure from the Hawaii State Council on Developmental Disabilities, Kuhn Behavioral Consulting Services, Hawaii Disability Rights Center, Council of Autism Service Providers, and three individuals. Your Committee received testimony in opposition to this measure from the Department of Health. Your Committee received comments on this measure from the Department of Human Services, Autism Speaks, Hawai‘i Association for Behavior Analysis, and two individuals.

Your Committee finds that treatments such as applied behavioral analysis for individuals with neurodevelopmental disorders can improve physical and mental development. Your Committee further finds that although Medicaid covers these treatments for individuals under the age of twenty-one, there have been reports that individuals with autism spectrum disorder or other neurodevelopmental disorders who are twenty-one or older were denied Med-QUEST coverage for medically-needed autism services, including applied behavioral analysis services.

This measure therefore requests the Department of Health and Department of Human Services to review research regarding applied behavioral analysis for adults and make amendments to rules, polices, and the Medicaid state plan as necessary to ensure that the State's Medicaid beneficiaries aged twenty-one and older with autism spectrum disorder or other neurodevelopmental disorders receive equitable access to all medically-needed services.

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 130, S.D. 1, and recommends that it be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,

____________________________

RYAN I. YAMANE, Chair