New Mexico § 27-2-12.28 - Medical assistance; autism spectrum disorder

§ 27-2-12.28. Medical assistance; autism spectrum disorder

A. The secretary shall ensure that medical assistance coverage provides coverage,

which shall not be subject to age restrictions or dollar limits, for: (1) well-baby and well-child screening for diagnosing the presence of autism spectrum

disorder; and (2) treatment of autism spectrum disorder through speech therapy, occupational therapy,

physical therapy and applied behavioral analysis. B. Coverage required pursuant to Subsection A of this section: (1) shall be limited to treatment that is prescribed by the recipient's treating physician

in accordance with a treatment plan; (2) shall not be denied on the basis that the services are habilitative or rehabilitative

in nature; (3) may be subject to other general exclusions and limitations of medical assistance

coverage, including coordination of benefits, participating provider requirements,

restrictions on services provided by family or household members and utilization review

of health care services, including the review of medical necessity, case management

and other managed care provisions; and (4) may be limited to exclude coverage for services received under the federal Individuals

with Disabilities Education Improvement Act of 2004 and related state laws that place

responsibility on state and local school boards for providing specialized education

and related services to children three to twenty-two years of age who have autism

spectrum disorder. C. The coverage required pursuant to Paragraph (1) of Subsection A of this section

shall not be subject to any recipient cost-sharing. D. The coverage required pursuant to Paragraph (2) of Subsection A of this section

shall not be subject to cost-sharing provisions that are less favorable to a recipient

than the cost-sharing provisions that apply to physical illnesses that are generally

covered through medical assistance coverage, except as otherwise provided in Subsection

B of this section. E. The treatment plan required pursuant to Subsection B of this section shall include

all elements necessary for the health insurance plan to pay claims appropriately. These elements include the: (1) diagnosis; (2) proposed treatment by types; (3) frequency and duration of treatment; (4) anticipated outcomes stated as goals; (5) frequency with which the treatment plan will be updated; and (6) signature of the treating physician. F. This section shall not be construed as limiting benefits and coverage otherwise

available to a recipient through medical assistance coverage. G. As used in this section: (1) “ autism spectrum disorder ” means: (a) a condition that meets the diagnostic criteria for autism spectrum disorder published

in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American psychiatric association; or (b) a condition diagnosed as autistic disorder, Asperger's disorder, pervasive development

disorder not otherwise specified, Rett's disorder or childhood disintegrative disorder

pursuant to diagnostic criteria published in a previous edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American psychiatric association; (2) “ cost-sharing ” means any deductible, copayment, coinsurance or other payment that a recipient is

required to pay for medical assistance items or services provided through medical

assistance coverage; and (3) “ habilitative or rehabilitative services ” means treatment programs that are necessary to develop, maintain or restore to the

maximum extent practicable the functioning of an individual.