89
th Legislative Session _ 2014
Committee: House Health and Human Services
Thursday, February 20, 2014
P - Present
E - Excused
A - Absent
Roll Call
P Campbell
P Ecklund
P Haggar (Jenna)
P Heinemann (Leslie)
P Hickey
P Langer
P Sly
P Steele
P Hawks
E Heinert
P Soli
P Magstadt, Vice-Chair
P Munsterman, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Munsterman, Chair.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 18, 2014
Moved by: Sly
Second by: Langer
Action: Prevailed by voice vote.
HB 1244: assist certain qualified employees with health insurance.
MOTION: AMEND HB 1244
1244jc
On the printed bill, delete all previously adopted amendments.
On page 1, delete lines 3 to 15, inclusive.
On page 2, delete lines 1 to 5, inclusive.
On page 2, line 6, delete "2 to 9" and insert "1 to 8".
On page 2, line 10, delete "2 to 9" and insert "1 to 8".
On page 2, line 11, delete "twenty" and insert "forty".
On page 2, line 15, delete "South Dakota health insurance assistance" and insert "caring for
South Dakota".
On page 2, line 18, delete "seven million dollars from the building South Dakota" and insert
"fourteen million dollars from the general".
On page 2, line 19, delete "health insurance coverage" and insert "caring for South Dakota".
On page 2, line 21, delete "South Dakota health insurance assistance" and insert "caring for
South Dakota".
On page 3, line 9, delete "health insurance" and insert "caring for South Dakota".
On page 3, line 10, delete "assistance".
On page 3, line 11, delete "health insurance assistance" and insert "caring for South Dakota".
Moved by: Ecklund
Second by: Magstadt
Action: Prevailed by voice vote.
MOTION: AMEND HB 1244
1244fa
On page 4, after line 22 of the printed bill, insert:
"
Section 10. That § 10-4-9.3 be amended to read as follows.
10-4-9.3.Property owned by any corporation, organization, or society and used primarily for
human health care and health care related purposes is exempt from taxation if the facility is a critical
access healthcare facility or has fifty beds or less. Such corporation, organization or society shall be
nonprofit and recognized as an exempt organization under section 501(c)(3) of the United States
Internal Revenue Code, as amended and in effect on January 1, 2013, and none of its assets may be
available to any private interest. The property shall be a health care facility licensed pursuant to
chapter 34-12, orphanage, mental health center or community support provider regulated under
chapter 27A-5, or camp. The facility shall admit all persons for treatment consistent with the
facility's ability to provide health care services required by the patient until the facility is filled to its
ordinary capacity and conform to all applicable regulations of and permit inspections by the state as
otherwise provided by law. ".
Moved by: Magstadt
Second by: Sly
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1244 AS AMENDED
Moved by: Magstadt
Second by: Hickey
Action: Prevailed by roll call vote. (8-4-1-0)
Voting Yes: Campbell, Heinemann (Leslie), Hickey, Langer, Sly, Steele, Magstadt, Munsterman
Voting No: Ecklund, Haggar (Jenna), Hawks, Soli
Excused: Heinert
MOTION: AMEND HB 1244
1244jta
On page 1, line 1, of the printed bill, after "insurance" insert "and to make an appropriation
therefor".
Moved by: Munsterman
Second by: Haggar (Jenna)
Action: Prevailed by voice vote.
HB 1257: clarify certain autism spectrum disorders insurance coverage.
Others: Randy Moses, Avera Health Plans
MOTION: AMEND HB 1257
1257jb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. A health benefit plan shall provide coverage for the screening, diagnosis, and
treatment of autism spectrum disorder. To the extent that the screening, diagnosis, and treatment of
autism spectrum disorder are not already covered by a health benefit plan, coverage pursuant to this
Act must be included in health benefit plans that are delivered, executed, issued, amended, adjusted,
or renewed in this state on or after July 1, 2014.
Section 2. Coverage provided pursuant to this Act may not be subject to any limits on the number
of visits an individual may make for treatment of autism spectrum disorder.
Coverage under this Act may not be subject to dollar limits, deductibles, or coinsurance
provisions that are less favorable to an insured than the dollar limits, deductibles, or coinsurance
provisions that apply to substantially all medical and surgical benefits under the health insurance
policy.
Section 3. Nothing in this Act may be construed as limiting benefits that are otherwise available
to an individual under a health insurance policy.
Section 4. Terms used in this Act mean:
(1) "Applied behavior analysis," the design, implementation, and evaluation of environmental
modifications, using behavioral stimuli and consequences, to produce socially significant
improvement in human behavior, including the use of direct observation, measurement,
and functional analysis of the relationship between environment and behavior;
(2) "Autism spectrum disorder," any of the pervasive developmental disorders or autism
spectrum disorders as defined by the most recent edition of the Diagnostic and Statistical
Manual of Mental Disorders (DSM) or the edition that was in effect at the time of
diagnosis;
(3) "Diagnosis of autism spectrum disorder," medically necessary assessment, evaluations,
or tests to diagnose whether an individual has an autism spectrum disorder;
(4) "Behavioral health treatment," counseling and treatment programs, including applied
behavior analysis, that are:
(a) Necessary to develop, maintain, or restore, to the maximum extent practicable, the
functioning of an individual; and
(b) Provided or supervised by a board certified behavior analyst or by a licensed
psychologist so long as the services performed are commensurate with the
psychologists's university training and supervised experience;
(5) "Health benefit plan," as defined by § 58-17F-1;
(6) "Pharmacy care," medications prescribed by a licensed physician and any health-related
services deemed medically necessary to determine the need or effectiveness of the
medications;
(7) "Psychiatric care," direct or consultative services provided by a psychiatrist licensed in
the state in which the psychiatrist practices;
(8) "Psychological care," direct or consultative services provided by a psychologist licensed
in the state in which the psychologist practices;
(9) "Therapeutic care," services provided by licensed or certified speech therapists,
occupational therapists, or physical therapists;
(10) "Treatment for autism spectrum disorder," evidence-based care and related equipment
prescribed or ordered for an individual diagnosed with an autism spectrum disorder by a
licensed physician or a licensed psychologist who determines the care to be medically
necessary, including behavioral health treatment, pharmacy care, psychiatric care,
psychological care, and therapeutic care.
Section 5. Coverage for applied behavior analysis shall include the services of the personnel who
work under the supervision of the board certified behavior analyst or the licensed psychologist who
oversees the program.
Section 6. Except for inpatient services, if an insured is receiving treatment for an autism
spectrum disorder, an insurer has the right to review the treatment plan annually, unless the insurer
and the insured's treating physician or psychologist agree that a more frequent review is necessary.
Any such agreement regarding the right to review a treatment plan more frequently applies only to
a particular insured being treated for an autism spectrum disorder and does not apply to all
individuals being treated for autism spectrum disorder by a physician or psychologist. The cost of
obtaining any review or treatment plan shall be borne by the insurer.
Section 7. Nothing in the Act may be construed as affecting any obligation to provide services
to an individual under an individualized family service plan, an individualized education program,
or an individualized service plan.
Section 8. Nothing in this Act may apply to non grandfathered plans in the individual and small
group markets or to Medicare supplement, accident-only, specified disease, hospital indemnity,
disability income, long-term care, or other limited benefit hospital insurance policies.
Section 9. By February 1, 2016, and every February first thereafter the Division of Insurance
shall submit a report to the Legislature regarding the implementation of the coverage required under
this Act. The report shall include the following:
(1) The total number of insureds diagnosed with autism spectrum disorder;
(2) The total cost of all claims paid out in the immediately preceding calendar year for
coverage required by this Act;
(3) The cost of such coverage per insured per month; and
(4) The average cost per insured for coverage of applied behavior analysis.
All health carriers and health benefit plans subject to the provisions of this Act shall provide the
Division of Insurance with the data requested by the division for inclusion in the annual report."
Moved by: Hawks
Second by: Magstadt
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1257 AS AMENDED
Moved by: Ecklund
Second by: Soli
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Campbell, Ecklund, Haggar (Jenna), Heinemann (Leslie), Hickey, Langer, Sly,
Steele, Hawks, Soli, Magstadt, Munsterman
Excused: Heinert
HB 1240: prohibit the performance of abortions due to Down syndrome and to provide a
penalty therefor.
Presented by: Representative Isaac Latterell (Handouts: #1)
Proponents: Jim Latterell, self, Aberdeen, SD
Kurt Kondrich, self, Pittsburg, PA
Dale Bartscher, Family Heritage Alliance Action
Mark Chase, SD Family Policy Council
Cindy Flakoll, Concerned Women of America, Legislative Action Committee
Opponents: Susy Blake, self, Sioux Falls, SD
Abbie Peterson, NARAL Pro-Choice, SD
Gary Snow, self, Pierre, SD
Representative Kathy Tyler, self
Others: Jim Seward, Office of the Governor
MOTION: DEFER HB 1240 TO THE 41
ST LEGISLATIVE DAY
Moved by: Soli
Second by: Langer
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1240
Moved by: Haggar (Jenna)
Second by: Magstadt
Action: Failed by roll call vote. (6-6-1-0)
Voting Yes: Campbell, Ecklund, Haggar (Jenna), Heinemann (Leslie), Steele, Magstadt
Voting No: Hickey, Langer, Sly, Hawks, Soli, Munsterman
Excused: Heinert
THE MOTION TO DEFER HB 1240 TO THE 41
ST LEGISLATIVE DAY
Moved by: Soli
Second by: Langer
Action: PREVAILED BY ROLL CALL VOTE. (8-4-1-0)
Voting Yes: Heinemann (Leslie), Hickey, Langer, Sly, Hawks, Soli, Magstadt, Munsterman
Voting No: Campbell, Ecklund, Haggar (Jenna), Steele
Excused: Heinert
HB 1241: prohibit the dismemberment or decapitation of certain living unborn children and
to provide penalties therefore.
Presented by: Representative Isaac Latterell
MOTION: TO TABLE HB 1241
Moved by: Haggar (Jenna)
Second by: Soli
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Campbell, Ecklund, Haggar (Jenna), Heinemann (Leslie), Hickey, Langer, Sly,
Hawks, Soli, Magstadt, Munsterman
Voting No: Steele
Excused: Heinert
MOTION: ADJOURN
Moved by: Soli
Second by: Langer
Action: Prevailed by voice vote.
Glenda Woodburn
____________________________
Committee Secretary
Scott Munsterman, Chair
../02200745.HHE
Page 1