<section number="31A-22-642"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">119</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><sunset repsec="63I-1-231" repdate="1/1/2030" /><catchline>Insurance coverage for autism spectrum disorder.</catchline><subsection number="31A-22-642(1)">As used in this section:<subsection number="31A-22-642(1)(a)">"Applied behavior analysis" means 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.</subsection><subsection number="31A-22-642(1)(b)">"Autism spectrum disorder" means pervasive developmental disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM).</subsection><subsection number="31A-22-642(1)(c)">"Behavioral health treatment" means counseling and treatment programs, including applied behavior analysis, that are:<subsection number="31A-22-642(1)(c)(i)">necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of an individual; and</subsection><subsection number="31A-22-642(1)(c)(ii)">provided or supervised by a:<subsection number="31A-22-642(1)(c)(ii)(A)">board certified behavior analyst; or</subsection><subsection number="31A-22-642(1)(c)(ii)(B)">person licensed under <xref depth="1" refnumber="58-1" start="0">Title 58, Chapter 1, Division of Professional Licensing Act</xref>, whose scope of practice includes mental health services.</subsection></subsection></subsection><subsection number="31A-22-642(1)(d)">"Diagnosis of autism spectrum disorder" means medically necessary assessments, evaluations, or tests:<subsection number="31A-22-642(1)(d)(i)">performed by a licensed physician who is board certified in neurology, psychiatry, or pediatrics and has experience diagnosing autism spectrum disorder, or a licensed psychologist with experience diagnosing autism spectrum disorder; and</subsection><subsection number="31A-22-642(1)(d)(ii)">necessary to diagnose whether an individual has an autism spectrum disorder.</subsection></subsection><subsection number="31A-22-642(1)(e)">"Mental health therapist" means the same as that term is defined in Section <xref depth="3" refnumber="58-60-102">58-60-102</xref>.</subsection><subsection number="31A-22-642(1)(f)">"Pharmacy care" means medications prescribed by a licensed physician and any health-related services considered medically necessary to determine the need or effectiveness of the medications.</subsection><subsection number="31A-22-642(1)(g)">"Psychiatric care" means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.</subsection><subsection number="31A-22-642(1)(h)">"Psychological care" means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.</subsection><subsection number="31A-22-642(1)(i)">"Therapeutic care" means services provided by licensed or certified speech therapists, occupational therapists, or physical therapists.</subsection><subsection number="31A-22-642(1)(j)">"Treatment for autism spectrum disorder":<subsection number="31A-22-642(1)(j)(i)">means evidence-based care and related equipment prescribed or ordered for an individual diagnosed with an autism spectrum disorder by a physician or a licensed psychologist described in Subsection <xref depth="4" refnumber="31A-22-642(1)(d)" start="0">(1)(d)</xref> who determines the care to be medically necessary; and</subsection><subsection number="31A-22-642(1)(j)(ii)">includes:<subsection number="31A-22-642(1)(j)(ii)(A)">behavioral health treatment, provided or supervised by a person described in Subsection <xref depth="4" refnumber="31A-22-642(1)(c)(ii)" start="0">(1)(c)(ii)</xref>;</subsection><subsection number="31A-22-642(1)(j)(ii)(B)">pharmacy care;</subsection><subsection number="31A-22-642(1)(j)(ii)(C)">psychiatric care;</subsection><subsection number="31A-22-642(1)(j)(ii)(D)">psychological care; and</subsection><subsection number="31A-22-642(1)(j)(ii)(E)">therapeutic care.</subsection></subsection></subsection></subsection><subsection number="31A-22-642(2)"><subsection number="31A-22-642(2)(a)">Notwithstanding the provisions of Section <xref depth="3" refnumber="31A-22-618.5" start="0">31A-22-618.5</xref>, a health benefit plan offered in the individual market or the large group market and entered into or renewed on or after January 1, 2016, and before January 1, 2020, shall provide coverage for the diagnosis and treatment of autism spectrum disorder:<subsection number="31A-22-642(2)(a)(i)">for a child who is at least two years old, but younger than 10 years old; and</subsection><subsection number="31A-22-642(2)(a)(ii)">in accordance with the requirements of this section and rules made by the commissioner.</subsection></subsection><subsection number="31A-22-642(2)(b)">Notwithstanding the provisions of Section <xref depth="3" refnumber="31A-22-618.5" start="0">31A-22-618.5</xref>, a health benefit plan offered in the individual market or the large group market and entered into or renewed on or after January 1, 2020, shall provide coverage for the diagnosis and treatment of autism spectrum disorder in accordance with the requirements of this section and rules made by the commissioner.</subsection></subsection><subsection number="31A-22-642(3)">The commissioner may adopt rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to set the minimum standards of coverage for the treatment of autism spectrum disorder.</subsection><subsection number="31A-22-642(4)">Subject to Subsection <xref depth="4" refnumber="31A-22-642(5)" start="0">(5)</xref>, the rules described in Subsection <xref depth="4" refnumber="31A-22-642(3)" start="0">(3)</xref> shall establish durational limits, amount limits, deductibles, copayments, and coinsurance for the treatment of autism spectrum disorder that are similar to, or identical to, the coverage provided for other illnesses or diseases.</subsection><subsection number="31A-22-642(5)"><subsection number="31A-22-642(5)(a)">Coverage for behavioral health treatment for a person with an autism spectrum disorder shall cover at least 600 hours a year.</subsection><subsection number="31A-22-642(5)(b)">Notwithstanding Subsection <xref depth="4" refnumber="31A-22-642(5)(a)" start="0">(5)(a)</xref>, for a health benefit plan offered in the individual market or the large group market and entered into or renewed on or after January 1, 2020, coverage for behavioral health treatment for a person with an autism spectrum disorder may not have a limit on the number of hours covered.</subsection><subsection number="31A-22-642(5)(c)">Other terms and conditions in the health benefit plan that apply to other benefits covered by the health benefit plan apply to coverage required by this section.</subsection><subsection number="31A-22-642(5)(d)">Notwithstanding Section <xref depth="3" refnumber="31A-45-303" start="0">31A-45-303</xref>, a health benefit plan providing treatment under Subsections <xref depth="4" refnumber="31A-22-642(5)(a)" start="0">(5)(a)</xref> and <xref depth="4" refnumber="31A-22-642(5)(b)" start="0">(b)</xref> shall include in the plan's provider network both board certified behavior analysts and mental health providers qualified under Subsection <xref depth="4" refnumber="31A-22-642(1)(c)(ii)">(1)(c)(ii)</xref>.</subsection></subsection><subsection number="31A-22-642(6)"><subsection number="31A-22-642(6)(a)">A health care provider shall submit a treatment plan for autism spectrum disorder to the insurer within 14 business days of starting treatment for an individual.  </subsection><subsection number="31A-22-642(6)(b)">If an individual is receiving treatment for an autism spectrum disorder, an insurer shall have the right to request a review of that treatment not more than once every three months.  </subsection><subsection number="31A-22-642(6)(c)">A review of treatment under this Subsection <xref depth="4" refnumber="31A-22-642(6)" start="0">(6)</xref> may include a review of treatment goals and progress toward the treatment goals.  </subsection><subsection number="31A-22-642(6)(d)">If an insurer makes a determination to stop treatment as a result of the review of the treatment plan under this Subsection <xref depth="4" refnumber="31A-22-642(6)">(6)</xref>, the determination of the insurer may be reviewed under Section <xref depth="3" refnumber="31A-22-629" start="0">31A-22-629</xref>.</subsection></subsection><subsection number="31A-22-642(7)"><subsection number="31A-22-642(7)(a)">Before July 1, 2027, and before July 1 each year after, a health benefit plan shall report the following to the department for the prior insurance plan year:<subsection number="31A-22-642(7)(a)(i)">the average wait time for an enrollee to receive an autism assessment;</subsection><subsection number="31A-22-642(7)(a)(ii)">if the health benefit plan has prior authorization requirements related to autism assessment or treatment;</subsection><subsection number="31A-22-642(7)(a)(iii)">the number of enrollees under age 18 that were diagnosed with autism spectrum disorder;</subsection><subsection number="31A-22-642(7)(a)(iv)">of the number of diagnoses described in Subsection <xref depth="4" refnumber="31A-22-642(7)(a)(iii)">(7)(a)(iii)</xref>, the number of diagnoses disaggregated based on provider license type that made the diagnosis;</subsection><subsection number="31A-22-642(7)(a)(v)">of the number of diagnoses described in Subsection <xref depth="4" refnumber="31A-22-642(7)(a)(iii)">(7)(a)(iii)</xref>, the number of enrollees that received applied behavior analysis treatment;</subsection><subsection number="31A-22-642(7)(a)(vi)">for enrollees that received applied behavior analysis treatment:<subsection number="31A-22-642(7)(a)(vi)(A)">the average number of hours of applied behavior analysis treatment received; and</subsection><subsection number="31A-22-642(7)(a)(vi)(B)">the average cost of applied behavior analysis treatment received; and</subsection></subsection><subsection number="31A-22-642(7)(a)(vii)">if the health benefit plan accepts state defrayal payments under Subsection <xref depth="4" refnumber="31A-30-118(2)">31A-30-118(2)</xref> for coverage described in this section.</subsection></subsection><subsection number="31A-22-642(7)(b)">The department shall compile the information described in Subsection <xref depth="4" refnumber="31A-22-642(7)(a)">(7)(a)</xref> and provide a report to the Health and Human Services Interim Committee on or before September 1.</subsection><subsection number="31A-22-642(7)(c)">Beginning September 1, 2027, the department shall provide on the department's website, in a form that is easily accessible, information regarding which health benefit plans reimburse a mental health therapist that is not a physician or a psychologist for autism spectrum disorder treatment.</subsection></subsection></section>