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<regulation prefix="Regulation" num=".03" citation="COMAR 31.10.39.03" title_num="31" subtitle_num="10" chapter_num="39" heading="Utilization Review Criteria for Treatment of Autism and Autism Spectrum Disorders.">
  <paragraph num="A.">
    <text>The utilization review criteria of a carrier or private review agent acting on behalf of a carrier to determine medical necessity or appropriateness may not be more restrictive for habilitative services for the treatment of autism and autism spectrum disorders than the criteria listed in this regulation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The carrier’s criteria for habilitative services shall include criteria for behavioral health treatment, psychological care, and therapeutic care.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Utilization review criteria of a carrier or private review agent acting on behalf of a carrier may require:</text>
    <paragraph num="(1)">
      <text>A comprehensive evaluation of a child by the child’s primary care provider or specialty physician identifying the need for habilitative services for the treatment of autism or autism spectrum disorder;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A prescription from a child’s primary care provider or specialty physician that includes specific treatment goals; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An annual review by the prescribing primary care provider or specialty physician, in consultation with the habilitative services provider, that includes:</text>
      <paragraph num="(a)">
        <text>Documentation of benefit to the child;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Identification of new or continuing treatment goals; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Development of a new or continuing treatment plan.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A carrier or private review agent acting on behalf of a carrier may not deny coverage based solely on the number of hours of habilitative services prescribed, for:</text>
    <paragraph num="(1)">
      <text>Less than or equal to 25 hours per week in the case of a child who is at least 18 months of age and who has not reached the child’s sixth birthday, or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Less than or equal to 10 hours per week in the case of a child who has reached the child’s sixth birthday and who has not reached the child’s nineteenth birthday.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Notwithstanding §D(1) and (2) of this regulation, a carrier may authorize additional hours of habilitative services that are medically necessary and appropriate for the treatment of autism or autism spectrum disorders.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A carrier may limit payment for habilitative services to payment for services provided by individuals who are licensed, certified, or otherwise authorized under the Health Occupations Article or similar licensing, certification, or authorization requirements of another state or U.S. territory where the habilitative services are provided.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Location of services.</text>
    <paragraph num="(1)">
      <text>A carrier may not deny payment for habilitative services if a treatment goal identifies the location of the habilitative services as the child’s educational setting.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Nothing in §F(1) of this regulation shall be construed to require a carrier to provide services to a child under an individualized education program or any obligation imposed on a public school by the Individuals With Disabilities Education Act, 20 U.S.C. 1400 et seq., as amended from time to time.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>A carrier or a private review agent acting on behalf of a carrier may not deny payment for applied behavior analysis on the basis that it is experimental or investigational.</text>
  </paragraph>
</regulation>