Comprehensive Autism Care Demonstration, 34291-34296 [2014-14023]
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United States Patent and Trademark
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[Docket No. PTO–P–2014–0032]
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[FR Doc. 2014–14044 Filed 6–13–14; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Comprehensive Autism Care
Demonstration
Department of Defense.
Notice of a comprehensive
demonstration project for all Applied
Behavior Analysis (ABA), including the
tiered-model of ABA, for all TRICARE
beneficiaries with Autism Spectrum
Disorder (ASD).
AGENCY:
ACTION:
This notice is to advise
interested parties of a Military Health
System (MHS) demonstration project
entitled Comprehensive Autism Care
Demonstration (‘‘Autism Care
Demonstration’’). The purpose of the
Autism Care Demonstration is to further
analyze and evaluate the
appropriateness of the ABA tiereddelivery model under TRICARE in light
of current and anticipated Behavior
Analyst Certification Board (BCBA)
Guidelines. Currently, there are no
established uniform ABA coverage
standards in the United States.
Therefore, the demonstration seeks to
determine the appropriate provider
qualifications for the proper diagnosis of
ASD and the provision of ABA, assess
the feasibility and advisability of
establishing a beneficiary cost share for
the treatment of ASD, and develop more
efficient and appropriate means of
increasing access and delivering ABA
services under TRICARE while creating
a viable economic model and
maintaining administrative simplicity.
Faced with various temporary
authorities and the resulting complexity
of the current interim TRICARE policies
concerning coverage of ABA for ASD,
the Department will create a new
comprehensive Autism Care
Demonstration providing all TRICAREcovered ABA under one new
demonstration. This will encompass
ABA services that recently have been
provided under a patchwork of the
TRICARE Basic Program (i.e., the
medical benefits authorized under
SUMMARY:
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Section 199.4 of title 32, Code of Federal
Regulations), the Extended Care Health
Option (ECHO) Autism Demonstration
(i.e., the supplemental ABA benefits
authorized for certain active duty family
members under Section 199.5 of title 32,
Code of Federal Regulations), and the
ABA Pilot (i.e., the supplemental ABA
benefits authorized for certain nonactive duty family members—including
retiree dependents and others—under
Section 705 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2013). It will preserve most of
the terms and conditions of coverage
under that patchwork, incorporating
some lessons learned. Coverage of ABA
and related services under this new
demonstration will apply
comprehensively to all TRICARE
eligible beneficiaries with a diagnosis of
ASD. Eligible beneficiaries’’ include
dependents of active duty, retired,
TRICARE-eligible Reserve Component,
and certain other non-active duty
members. Because there has been
insufficient time to accomplish the
congressional intent behind Section 705
of the FY13 NDAA, reconcile the
various temporary authorities, and
address the resulting complexity of the
current interim TRICARE policies
concerning coverage of ABA for ASD,
this demonstration will consolidate
TRICARE coverage of ABA based on the
Department’s demonstration authority
in section 1092 of title 10, U.S. Code.
The overarching goal is to analyze,
evaluate, and compare the quality,
efficiency, convenience and cost
effectiveness of those autism-related
services that do not constitute the
proven medical care provided under the
medical benefit coverage requirements
that govern the TRICARE Basic Program.
DATES: Effective Date: July 25, 2014.
This demonstration authority will
remain in effect until December 31,
2018.
ADDRESSES: Defense Health Agency,
Health Plan Execution and Operations,
7700 Arlington Boulevard, Suite 5101,
Falls Church, Virginia 22042.
FOR FURTHER INFORMATION CONTACT: For
questions pertaining to this
demonstration, please contact Mr.
Richard Hart at (703) 681–0047.
SUPPLEMENTARY INFORMATION:
A. Background Regarding the Autism
Care Demonstration
Autism Spectrum Disorder (ASD)
affects essential human behaviors such
as social interaction, the ability to
communicate ideas and feelings,
imagination, and the establishment of
relationships with others. The TRICARE
Basic Program offers a comprehensive
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health benefit offering a full array of
medically necessary services to address
the needs of all TRICARE beneficiaries
with an ASD diagnosis. TRICARE’s
Basic Program provides occupational
therapy (OT) to treat deficits and
promote the development of self-care
skills; physical therapy (PT) to treat
motor skill deficiencies and promote
coordination; speech and language
pathology therapy (SLP) to treat deficits
in speech and language development
and promote communication skills;
psychiatry, psychology and therapists to
address psychopharmacological needs,
psychotherapy, and psychological
testing. Additionally, the full range of
medical specialties to address the
medical conditions common to this
population are covered.
Applied Behavior Analysis (ABA) is
the design, implementation, and
evaluation of environmental
modifications to produce socially
significant modification in human
behavior. ABA is based on the principle
that an individual’s behavior is
determined by past and current
environmental events in conjunction
with organic variables such as the
individual’s genetic endowment and
ongoing physiological variables. ABA,
by certified behavior analysts, focuses
on treating behavioral difficulties by
changing an individual’s environment
(i.e., shaping behavior patterns through
reinforcement and consequences). ABA
is delivered optimally when family
members/caregivers participate by
consistently reinforcing the ABA
interventions in the home setting in
accordance with the prescribed
treatment plan developed by the
behavior analyst.
To date, the Department has not
considered ABA to be medical in
nature. As such, coverage of ABA as a
medical treatment for ASD had been
excluded from the TRICARE Basic
Program and covered only for Active
Duty Family Members (ADFMs)
enrolled in the Extended Care Health
Option (ECHO) until recent litigation
and legislation provided temporary
extension of some ABA under the Basic
Program and expansion of additional
services to other beneficiaries. However,
ABA services are perceived as helpful
by parents and some providers for the
developmental trajectory of children
with ASD. Although there is still a
paucity of conclusive clinical evidence
in that regard, there is growing support
in the field of developmental pediatric
medicine for the view that ABA will at
some point emerge as a medically
necessary treatment for ASD. However
further assessment is needed to
determine the appropriate
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characterization of ABA as an
educational service or medical
treatment, and the parameters for how
ABA should be provided.
The provision of ABA as an
intervention is still in its infancy.
Although the Behavior Analyst
Certification Board (BACB) has
established national guidelines for
behavior analysts, they have yet to issue
national certification standards for the
ABA ‘‘Tutors’’ or ‘‘Behavioral
Technicians’’ who interact with ASDdiagnosed beneficiaries for multiple
hours per day. Furthermore, only nine
states currently license the behavior
analysts who evaluate, develop
treatment plans, and supervise delivery
of ABA interventions for ASDdiagnosed beneficiaries, and their
national certification standards are in
the process of evolving. Additionally,
the American Medical Association
(AMA) has just recently developed
Category III Current Procedure
Terminology (CPT) codes (i.e., a
temporary set of codes for emerging
technologies, services, and procedures)
for ABA, which are not yet
implemented and that will influence
how ABA encounters are classified and
reimbursed in the future.
Over the course of the ABA Pilot,
TRICARE has been engaging with
various stakeholders regarding
TRICARE’s coverage of ABA for ASD.
Included in these groups have been
participants from various national
provider organizations, families of
children with ASD, military providers
who treat ASD, military beneficiaryrelated associations, and ASD advocacy
groups. Feedback received regarding the
ABA Pilot addressed issues including:
The autonomy of BCBAs in formulating
and implementing ABA treatment plans;
the appropriate use of standardized
testing to assess progress; appropriate
procedures to ensure valid diagnosis of
ASD; how to best transition care from
the ECHO Autism Demonstration to the
ABA Pilot when a beneficiary’s sponsor
retires from active duty; and the nature
of discharge criteria that should be
applied to ABA interventions. Based on
the extensive and helpful feedback, the
Department adjusted the ABA Pilot to
implement lessons learned to date. For
example, administration of the Autism
Diagnostic Observation Scale, second
edition (ADOS–2), was changed to being
required only at the beginning of
enrollment in the ABA Pilot, and the
requirement for a repeat ADOS–2 was
dropped for waiver requests for
continued ABA beyond two years. To
ensure continuity of care during
transition periods, ADFMs enrolled in
the ECHO Autism Demonstration who
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transition to retiree dependent status
were allowed direct entry into the ABA
Pilot, and a one-year grace period was
granted to allow sufficient time to meet
the ABA Pilot’s diagnosis, referral and
assessment requirements. However,
additional evaluation is needed beyond
the one-year ABA Pilot period to: (a)
Evaluate the adequacy of procedure
changes made to date concerning
coverage provided to non-ADFMs as
well as implement additional planned
adjustments, and (b) test the acceptance
and applicability of the ABA coverage
requirements and procedures developed
for the ABA Pilot for the larger ADFM
beneficiary population currently
receiving ABA services under the ECHO
Autism Demonstration, and (c) compare
options for treating ASD under the
TRICARE Basic Program generally.
Under the new comprehensive Autism
Care Demonstration, the Department
will further evaluate the delivery of
ABA services and integrate feedback
from groups on the ABA tiered-delivery
model to include the provision of ABA
core services such as the initial ABA
assessment, the initial ABA Treatment
Plan (TP), the delivery of ABA
specialized interventions, repeat ABA
assessments, and ABA TP updates. The
Department now seeks to transition that
temporary patchwork structure into a
more comprehensive program that will
better support analysis and comparisons
of the most appropriate standards,
procedures and protocols for the
delivery and financing of ABA services
under TRICARE.
This transition includes moving ABA
temporarily added in 2012 to the
TRICARE Basic Progam into the Autism
Care Demonstration, but without
substantively changing the coverage.
This is supported by the Department’s
interim coverage determination of June
28, 2013, which reaffirmed that
available evidence does not support
coverage under the TRICARE Basic
Program, but deferred any change
during the term of the NDAA–2013 ABA
Pilot, which has a statutory end date of
one year from the implementation date:
July 24, 2014. In connection with the
National Defense Authorization Act for
Fiscal Year 2014, Congress considered
but did not enact any changes in
TRICARE ASD or ABA coverage and did
not extend the ABA Pilot. Based on the
Department’s ongoing need to further
analyze, compare and evaluate the
nature and options for treating ASD, the
Department will transition of all current
ABA to the new Autism Care
Demonstration to allow the Department
to further analyze, compare, evaluate,
and refine the procedures and protocols
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concerning the provision of ABA
services and the ABA tiered delivery
model.
The end result of this transition is that
with very minimal change, all ABA
currently provided under the patchwork
combination of ECHO, the ECHO
Demonstration, and the NDAA–2013
ABA Pilot will now be provided under
the comprehensive Autism Care
Demonstration through 2018. At that
time, the interim coverage
determination will be reassessed based
on accumulated TRICARE experience
and any other pertinent new
information.
B. Description of the Autism Care
Demonstration
The Department’s continued
evaluation of ABA for ASD must be
accomplished while ensuring continuity
of care for children currently receiving
ABA and those who will be diagnosed
with ASD and then seek treatment.
Specific Autism Care Demonstration
goals include:
1. Further analyzing and evaluating
the appropriateness of the ABA tiereddelivery model under TRICARE
generally in light of current and future
Behavior Analyst Certification Board
(BACB) Guidelines;
2. Determining the appropriate
provider qualifications for the proper
diagnosis of ASD and the provision of
ABA, and assessing the added value of
ABA Tutors, or Behavioral Technicians,
beyond ABA provided by BCBAs;
3. Assessing, across the three
TRICARE regions, the ASD beneficiary
characteristics associated with full
utilization of the ABA tiered-delivery
model versus utilization of BCBA
services only or non-utilization of any
ABA services, and isolating factors
contributing to significant variation
across TRICARE regions in delivery of
ABA;
4. Determining what beneficiary age
groups utilize and benefit most from
ABA interventions;
5. Assessing the relationship between
receipt of ABA services and utilization
of established medical interventions for
children with ASD, such as speech and
language pathology (SLP) therapy,
occupational therapy (OT), physical
therapy (PT), and pharmacotherapy; and
6. Assessing of the feasibility and
advisability of establishing a beneficiary
cost share for the treatment of ASD.
The Autism Care Demonstration will
offer comprehensive ABA for all
TRICARE eligible beneficiaries with an
ASD when diagnosed by an appropriate
provider. Under the Autism Care
Demonstration, a Board Certified
Behavior Analyst (BCBA) or Board
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Certified Behavior Analyst–Doctorate
(BCBA–D) referred to as an ‘‘ABA
Supervisor’’ will plan, deliver and/or
supervise an ABA program. The BCBA
or BCBA–D is supported by Board
Certified Assistant Behavior Analysts
(BCaBA) and/or paraprofessional
Behavioral Technicians who work oneon-one with the beneficiary with ASD in
the home and community setting to
implement the ABA intervention
protocol designed, monitored and
supervised by the BCBA or the BCBA–
D. A BCaBA and/or Behavioral
Technician working within the scope of
their training, practice, and competence
may assist the BCBA or BCBA–D in
various roles and responsibilities as
determined appropriate by the BCBA or
BCBA–D and delegated to the BCaBA
and/or Behavioral Technician, and
consistent with the BACB Guidelines
(2012) and BACB certification
requirements. As such, the Autism Care
Demonstration will specifically require
that BCaBAs and Behavioral
Technicians work under the supervision
of a BCBA or BCBA–D. ABA delivered
solely by BCBAs or BCBA–Ds is also
covered by the Autism Care
Demonstration and will provide a
comparative assessment of providing
ABA services delivered solely by
master’s level providers or under the
ABA tiered delivery model in terms of
access, quality, and cost. The
Department will also compare naturally
occurring utilization data of PT, OT,
SLP and pharmacotherapy services
without ABA to those also receiving
ABA sole provider and tiered model
services.
To ensure continuity of ABA care for
all beneficiaries, the Autism Care
Demonstration will be implemented in
a phased approach to transition from
those coverage rules that currently exist
under the patchwork of programs to the
new consolidated Autism Care
Demonstration as all actions necessary
to start services under the Autism Care
Demonstration are completed (i.e.,
development of proposed policy
language, funding, publication of policy
manuals, and contract modifications).
The Department will commence ABA
coverage under the Autism Care
Demonstration model by July 25, 2014,
the statutory end date of the current
ABA Pilot, with all beneficiaries
transitioned from their current ABA
coverage model to the new consolidated
Autism Care Demonstration not later
than December 31, 2014. Only ABA will
be transitioned to the new consolidated
Autism Care Demonstration. All
medically necessary services that
address the needs of TRICARE
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beneficiaries with an ASD diagnosis
(e.g., SLP, OT, PT, pharmacotherapy,
etc.) will otherwise continue under the
TRICARE Basic Program. Additionally,
the full range of medical specialties to
diagnose and treat medical conditions
covered in accordance with the
regulations governing TRICARE Basic
Program benefits.
Likewise, the ECHO program as
currently outlined in Section 199.5 of
title 32, Code of Federal Regulations
remains otherwise unaffected. ECHOregistered active duty family members
will continue to receive all services and
supplies determined by the Department
to assist in reducing the disabling effects
of an ECHO-eligible dependent’s
qualifying conditions, except for the
changes concerning coverage of ABA
that will be implemented in the new
comprehensive Autism Care
Demonstration noted above.
Participation in the Autism Care
Demonstration by ADFMs requires
registration in ECHO and shall
constitute participation in ECHO for
purposes of ECHO registered beneficiary
eligibility for other ECHO services (e.g.,
respite care). By linking registration in
ECHO, the Department can ensure these
beneficiaries continue to receive all
services and supplies determined by the
Department to assist in reducing the
disabling effects of an ECHO-eligible
dependent’s qualifying conditions such
as respite care, durable equipment, and
additional PT, OT and SLP services
available under ECHO.
Supplemental ABA benefits
authorized for certain non-ADFMs—
including retiree dependents and
others—under Section 705 of NDAA–
2013 shall be likewise transitioned from
the one-year ABA Pilot to the new
Autism Care Demonstration. During the
transition period of the remainder of
2014, the regional contractors will work
with beneficiaries with ASD to ensure
smooth transitions to avoid disruptions
in ABA.
The Autism Care Demonstration will
authorize TRICARE reimbursement of
the following ABA to TRICARE eligible
beneficiaries with an ASD diagnosed by
an appropriate provider: An initial
beneficiary ABA assessment, to include
administration of appropriate diagnostic
tests, and a functional behavioral
assessment and analysis; development
of an ABA Treatment Plan (TP) with
goals and objectives of behavior
modification and specific-evidenced
based interventions; one-on-one ABA
interventions and assessments in
accordance with the treatment plan
goals and objectives; and periodic ABA
TP updates that reflect re-assessment of
the beneficiary’s progress toward
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meeting treatment goals and objectives
specified in the ABA TP.
C. Providers Under the Autism Care
Demonstration
TRICARE coverage of ABA under the
Autism Care Demonstration will require
a diagnosis of ASD rendered by an
appropriate provider. For purposes of
the Autism Care Demonstration, ASD
shall only be diagnosed by certain
TRICARE-authorized physician Primary
Care Managers (P–PCMs) or by a
specialized ASD provider. TRICARE
authorized P–PCMs for the purposes of
the diagnosis of ASD for coverage under
the Autism Care Demonstration include:
TRICARE authorized family practice,
internal medicine and pediatric
physicians, whether they work in the
purchased care or direct care system.
TRICARE authorized specialty ASD
providers include: TRICARE authorized
physicians board-certified or boardeligible in behavioral developmental
pediatrics, neurodevelopmental
pediatrics, and pediatric neurology or
adult or child psychiatry; or doctorallevel licensed clinical psychologists.
Other PCMs, including Nurse
Practitioners (NPs) and Physician
Assistants (PAs), or other providers not
having the qualifications described
above, are not ASD diagnosing
providers for Autism Care
Demonstration purposes. In cases where
a beneficiary does not have a P–PCM
(such as when assigned to a NP or PA),
the ASD diagnosis may be rendered by
a TRICARE authorized physician in any
of the disciplines described above under
P–PCM, or by a TRICARE authorized
specialty ASD provider.
The minimal educational level
required for an ABA Supervisor under
the Autism Care Demonstration’s tiered
model, and consistent with the BACB
Guidelines (2012), is the master’s
degree. Both BCBAs and BCBA–Ds have
a scope of practice at the full clinical
level, which enables them to perform
full ASD assessments, develop
treatment plans, reassessments and
updates, and supervise the BCaBAs and
paraprofessional Behavioral Technician
staff working under them. Although
TRICARE previously authorized
BCaBAs to practice independently
under ECHO and the ECHO Autism
Demonstration, those provisions predated the more recent BACB Guidelines
(2012). Therefore, BCaBAs must be
supervised by BCBAs or BCBA–Ds
under the Autism Care Demonstration.
BCaBAs have a scope of practice that
allows them to assist the BCBA or
BCBA–D in clinical support and case
management activities, to include
assisting in the supervision of the
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Behavioral Technicians and the training
of TRICARE eligible family members to
implement ABA interventions in
accordance with the ABA TP. However,
under the BACB Guidelines, BCaBAs
may not practice independently of the
supervision of a BCBA or BCBA–D, and
TRICARE may not cost-share on claims
for services provided to TRICARE
beneficiaries submitted for
unsupervised services of a BCaBA.
Behavioral Technicians are
paraprofessionals who meet the
educational requirements established by
the Department, which follow current
BACB Guidelines for Behavioral
Technician certification (2014). Under
the Autism Care Demonstration,
Behavioral Technicians will require one
hour of direct supervision for every ten
hours of ABA therapy interventions
provided. A Behavioral Technician may
not conduct the ABA assessment, or
establish a child’s ABA TP. TRICARE
may not cost-share on claims for
services provided to TRICARE
beneficiaries submitted for
unsupervised services of Behavioral
Technicians.
D. Referral and Authorization
After a TRICARE eligible beneficiary
is diagnosed with an ASD by an
appropriate diagnosing provider (as
discussed above), a referral with the
supporting diagnosis must be submitted
by the TRICARE-authorized physician
Primary Care Manager (P–PCM) or
specialized ASD provider who rendered
the diagnosis to the regional contractor.
Other PCMs, including NPs and PAs, or
other providers not having the
qualifications of an appropriate provider
described above, may not refer
beneficiaries for ABA. Upon receipt, the
regional contractor shall issue a timely
authorization for ABA under the Autism
Care Demonstration for one year from a
TRICARE authorized BCBA or BCBA–D
including a referral for diagnostic
testing as needed. That authorization
will enable each beneficiary with ASD
to seek developmentally appropriate
ABA from any TRICARE authorized
BCBA or BCBA–D. The provision of
ABA by a BCBA or BCBA–D under the
Autism Care Demonstration shall
include the elements of a full ASD
assessment discussed in paragraph B
above. Prior to the expiration of each
one-year authorization period for ABA
under the Autism Care Demonstration,
the BCBA or BCBA–D shall request reauthorization from the regional
contractor based on documented
appropriateness of continued ABA,
which shall include an updated ABA
TP. Discharge criteria to guide regional
medical directors in determining if/
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outlined in the Autism Care
Demonstration. European and other
international providers certified by the
BACB as a BCBA or BCBA–D are
TRICARE authorized providers of direct
ABA for the overseas program. BCaBAs
are not not independent TRICARE
authorized providers of ABA for the
overseas program, regardless of their
status in their host nation, nor are their
services as part of the tiered model
authorized overseas. Likewise,
Behavioral Technicians are not
authorized to provide ABA overseas. In
situations where there are no BCBAs or
BCBA-Ds certified by the BACB within
the TRICARE specialty care access
standards in the host nation, TRICARE
may not cost-share ABA under the
Autism Care Demonstration, or
otherwise.
E. Testing and Assessment
For any beneficiary whose ASD
diagnosis was not made by an
authorized specialty ASD provider as
defined above, diagnostic assessment
using the Autism Diagnostic
Observation Schedule, Second Edition
(ADOS–2) is required within the first
year of ABA to confirm the diagnosis of
ASD. For assessment of clinical
progress, BCBAs supervising provision
of ABA for beneficiaries must ensure
that appropriate, individualized
assessment of progress toward
behavioral targets and goals is
documented weekly and reviewed by
the BCBA or BCBA–D on at least a
monthly basis. Progress can be
presented either in graphic form, and/or
using standardized assessment measures
(e.g., the Assessment of Basic Language
and Learning Skills-Revised [ABLLS–R]
or the Verbal Behavior Milestones
Assessment and Placement Program
[VB–MAPP], administered every 6
months). The assessment method
selected should be consistent (i.e.,
administered at baseline and follow-up)
for the entire episode of care. Annual
standardized assessment of adaptive
functioning using the Vineland
Adaptive Behavior Scales, Second
Edition (Vineland-II) is covered, but not
required. Documentation of clinical
progress must be submitted with the
treatment plan annually to the referring
provider and the regional contractor for
continued authorization of ABA.
emcdonald on DSK67QTVN1PROD with NOTICES
when ABA is no longer appropriate for
a particular beneficiary shall include the
following factors: No measurable
progress made toward meeting goals
identified on the ABA TP after
successive progress review periods and
repeated modifications to the treatment
plan; ABA TP gains are not
generalizable or durable over time and
do not transfer to the larger community
setting (to include school) after
successive progress review periods and
repeated modifications to the treatment
plan; the patient can no longer
participate in ABA (due to medical
problems, family problems or other
factors that prohibit participation); the
patient has met ABA TP goals and is no
longer in need of ABA; and loss of
eligibility for TRICARE benefits as
defined in 32 C.F.R. 199.3.
G. Cost-Sharing
Under the Autism Care
Demonstration, the Department will
implement beneficiary cost-sharing
requirements that will not be subject to
an annual cap. For ABA provided by a
BCBA or BCBA–D, beneficiary cost
sharing will be equal to the cost sharing
applicable to services under the
TRICARE Basic Program. TRICARE
Standard program deductible and costshare amounts are defined in 32 C.F.R.
199.4. TRICARE Extra program
deductible and cost-share amounts are
defined in 32 C.F.R. 199.17. TRICARE
Prime program enrollment fees and
copayments are defined under the
Uniform Health Maintenance
Organization (HMO) Benefit Schedule of
Charges in 32 C.F.R. 199.18. For
information on fees for Prime enrollees
choosing to receive care under the Point
of Service (POS) option, refer to 32 CFR
199.17.
For ABA provided by a BCaBA and/
or Behavioral Technicians under the
supervision of a BCBA or BCBA–D, the
sponsor/beneficiary cost-share for active
duty family members every month in
which ABA benefits are received shall
be equal to the monthly ECHO fee as
required 32 CFR 199.5 and set forth in
TRICARE Policy Manual, Chapter 9,
Section 16.1. Registration in ECHO for
active duty family members and
payment of the monthly ECHO costshare satisfies the monthly Autism Care
Demonstration cost share for ABA
provided by a BCaBA and/or Behavioral
Technicians. Non-active duty cost
sharing for ABA provided by a BCaBA
and/or Behavioral Technicians will be
10%, as it has been under the ABA
Pilot. These cost sharing requirements
will continue to be outside the
TRICARE Basic Program catastrophic
cap.
F. ABA Provided Under the TRICARE
Overseas Program (TOP)
ABA shall only be authorized under
the TOP for ABA provided directly by
either a BCBA or BCBA–D in countries
that have BCBA and BCBA-Ds certified
by the BACB. The TOP contractor will
verify compliance with all requirements
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34295
H. ABA Provider Reimbursement
Revised reimbursement rates and
claims processes will be developed and
implemented as appropriate for
TRICARE cost-sharing of ABA under the
Autism Care Demonstration. These
revised billing codes and procedures
will be disseminated with publication of
the TRICARE policy manual changes
regarding provision of ABA. Only
BCBAs and BCBA-Ds may submit
claims and receive TRICARE
reimbursement for ABA under the
Autism Care Demonstration.
I. Program Integrity and Oversight
A utilization review process will be
established for the Autism Care
Demonstration to provide quality
oversight of ABA cost-shared by
TRICARE and to ensure
developmentally appropriate ABA is
provided to all eligible TRICARE
beneficiaries with ASD. A component of
Autism Care Demonstration oversight
will address methods to identify ABA
overutilization or other forms of misuse.
Clinical requirements are specified for
documentation on the initial ABA TP
and ABA TP updates. The TRICARE
Quality Monitoring Contractor (TQMC)
shall perform random record review for
coding compliance and quality
monitoring of the ABA TP every 180
days. TQMC findings of improper
coding compliance shall be reported to
the regional contractor in accordance
with the TRICARE Operations Manual,
Chapter 13. This is essential to
maximizing access to the limited
number of behavior analysts available to
assist those beneficiaries with ASD.
J. Communications
The DHA will educate beneficiaries,
providers, and other stakeholders about
this change through multiple
communications channels, including:
Traditional media; social media;
internet content; provider education;
outreach to beneficiary organizations,
advocacy groups, and other
stakeholders; printed materials;
customer service updates; and
subscriber emails.
K. Evaluation of the Autism Care
Demonstration
The Autism Care Demonstration will
assist the Department in evaluating: The
aspects of the ABA tiered-delivery
model that are medical, educational, or
other characterization; whether the
provision of the ABA tiered-delivery
model can effectively offset the
difficulty parents have in using ABA
interventions collaboratively,
consistently, and intensely when
interacting with their children who have
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Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Notices
an ASD; whether the use of BCaBAs and
Behavioral Technicians creates more
cost-effective access to ABA based on
the limited number of BCBAs and
BCBA–Ds, while maintaining the
quality of ABA; the appropriateness of
requirements for providers, referral,
authorization, treatment planning,
assessment, testing, reimbursement,
cost-sharing, discharge planning, and
oversight to increase access to ABA for
TRICARE beneficiaries with an ASD,
while ensuring appropriate progress and
utilization.
To collect necessary data to achieve
the goals outlined for the Autism Care
Demonstration, two parental surveys
will be administered: The first at the
mid-period of the Autism Care
Demonstration (2016) and a second
upon its conclusion (2018). These
parental surveys will contain questions
regarding: The reasons why parents
avail themselves of the ABA tiereddelivery model, BCBA-only ABA, or no
ABA; the perceived impairment(s) of
their child with ASD; their degree of
difficulty in accessing ABA and other
clinical services with ASD; and, their
overall satisfaction and perceived
benefit regarding the ABA services
provided.
The Autism Care Demonstration will
provide the Department the opportunity
to continue evaluating the provision of
ABA under TRICARE while avoiding
disruption of potentially therapeutic
ABA interventions that could greatly
benefit TRICARE beneficiaries with
ASD. This information will be essential
for determining it and how ABA should
be delivered under TRICARE if the
clinical community and accumulated
evidence clearly indicates that ABA is a
reliably evidence-based medical
intervention for the treatment of ASD.
Dated: June 11, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
emcdonald on DSK67QTVN1PROD with NOTICES
[Docket ID: DoD–2014–OS–0094]
Privacy Act of 1974; System of
Records
Office of the Inspector General,
DoD.
Notice to amend a System of
Records.
ACTION:
The Office of the Inspector
General is amending a system of
SUMMARY:
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16:36 Jun 13, 2014
Jkt 232001
Comments will be accepted on or
before July 16, 2014. This proposed
action will be effective the day
following the end of the comment
period unless comments are received
which result in a contrary
determination.
DATES:
You may submit comments,
identified by docket number and title,
by any of the following methods:
* Federal Rulemaking Portal: https://
www.regulations.gov.
Follow the instructions for submitting
comments.
* Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
East Tower, 2nd Floor, Suite 02G09,
Alexandria, VA 22350–3100.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
document. The general policy for
comments and other submissions from
members of the public is to make these
submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Mark Dorgan, DoD IG FOIA/Privacy
Office, Department of Defense, Inspector
General, 4800 Mark Center Drive,
Alexandria, VA 22350–1500 or
telephone: (703) 699–5680.
The Office
of the Secretary of Defense systems of
records notices subject to the Privacy
Act of 1974 (5 U.S.C. 552a), as amended,
have been published in the Federal
Register and are available from the
address in FOR FURTHER INFORMATION
CONTACT or from the Defense Privacy
and Civil Liberties Office Web site at
https://dpclo.defense.gov/.
The Office of the Secretary of Defense
proposes to amend one system of
records notice in its inventory of record
systems subject to the Privacy Act of
1974 (5 U.S.C. 552a), as amended. The
proposed amendment is not within the
purview of subsection (r) of the Privacy
Act of 1974 (5 U.S.C. 552a), as amended,
which requires the submission of a new
or altered system report.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2014–14023 Filed 6–13–14; 8:45 am]
AGENCY:
records, CIG–24, entitled ‘‘Office
Functional Files’’ in its existing
inventory of record systems subject to
the Privacy Act of 1974, as amended.
The system’s records are used to
answer, evaluate, adjudicate, defend,
prosecute, or settle claims, complaints,
lawsuits, or criminal and civil
investigations.
PO 00000
Frm 00023
Fmt 4703
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Dated: June 10, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
CIG–24
SYSTEM NAME:
Office Functional Files (June 16, 2006,
71 FR 34899)
CHANGES:
SYSTEM NAME:
Delete entry and replace with ‘‘Office
of General Counsel Office Functional
Files.’’
SYSTEM LOCATION:
Delete entry and replace with ‘‘Office
of the General Counsel, Office of
Inspector General, Department of
Defense, 4800 Mark Center Drive, Suite
15K26, Alexandria, Virginia 22350–
1500.’’
*
*
*
*
*
CATEGORIES OF RECORDS IN THE SYSTEM:
Delete entry and replace with ‘‘Name,
position description, grade, salary, work
history, and complaint; case history
files, copies of applicable law(s),
working papers of attorneys, testimony
of witnesses, background investigation
materials, correspondence, damage
reports, contracts, accident reports,
pleadings, affidavits, estimates of repair
costs, invoices, litigation reports, and
financial data.’’
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Delete entry and replace with ‘‘The
Inspector General Act of 1978 (Pub. L.
95–452), as amended; DoD Directive
5106.1, Inspector General of the
Department of Defense (IG DoD); 5
U.S.C. 301, Departmental Regulations;
and DoD Directive 5145.4, Defense Legal
Services Agency.’’
*
*
*
*
*
STORAGE:
Delete entry and replace with ‘‘Paper
records and electronic storage media.’’
RETRIEVABILITY:
Delete entry and replace with ‘‘Name
of litigant or subject of record.’’
SAFEGUARDS:
Delete entry and replace with ‘‘Paper
and automated records are stored in
rooms with restricted access in a secure
building. Access is limited to General
Counsel staff in the performance of their
official duties. Computer systems in
which records reside are protected
through the use of assigned user or
identification(s) and multiple levels of
passwords restricting access. A
E:\FR\FM\16JNN1.SGM
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Agencies
[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Notices]
[Pages 34291-34296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14023]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
Comprehensive Autism Care Demonstration
AGENCY: Department of Defense.
ACTION: Notice of a comprehensive demonstration project for all Applied
Behavior Analysis (ABA), including the tiered-model of ABA, for all
TRICARE beneficiaries with Autism Spectrum Disorder (ASD).
-----------------------------------------------------------------------
SUMMARY: This notice is to advise interested parties of a Military
Health System (MHS) demonstration project entitled Comprehensive Autism
Care Demonstration (``Autism Care Demonstration''). The purpose of the
Autism Care Demonstration is to further analyze and evaluate the
appropriateness of the ABA tiered-delivery model under TRICARE in light
of current and anticipated Behavior Analyst Certification Board (BCBA)
Guidelines. Currently, there are no established uniform ABA coverage
standards in the United States. Therefore, the demonstration seeks to
determine the appropriate provider qualifications for the proper
diagnosis of ASD and the provision of ABA, assess the feasibility and
advisability of establishing a beneficiary cost share for the treatment
of ASD, and develop more efficient and appropriate means of increasing
access and delivering ABA services under TRICARE while creating a
viable economic model and maintaining administrative simplicity.
Faced with various temporary authorities and the resulting
complexity of the current interim TRICARE policies concerning coverage
of ABA for ASD, the Department will create a new comprehensive Autism
Care Demonstration providing all TRICARE-covered ABA under one new
demonstration. This will encompass ABA services that recently have been
provided under a patchwork of the TRICARE Basic Program (i.e., the
medical benefits authorized under
[[Page 34292]]
Section 199.4 of title 32, Code of Federal Regulations), the Extended
Care Health Option (ECHO) Autism Demonstration (i.e., the supplemental
ABA benefits authorized for certain active duty family members under
Section 199.5 of title 32, Code of Federal Regulations), and the ABA
Pilot (i.e., the supplemental ABA benefits authorized for certain non-
active duty family members--including retiree dependents and others--
under Section 705 of the National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2013). It will preserve most of the terms and
conditions of coverage under that patchwork, incorporating some lessons
learned. Coverage of ABA and related services under this new
demonstration will apply comprehensively to all TRICARE eligible
beneficiaries with a diagnosis of ASD. Eligible beneficiaries'' include
dependents of active duty, retired, TRICARE-eligible Reserve Component,
and certain other non-active duty members. Because there has been
insufficient time to accomplish the congressional intent behind Section
705 of the FY13 NDAA, reconcile the various temporary authorities, and
address the resulting complexity of the current interim TRICARE
policies concerning coverage of ABA for ASD, this demonstration will
consolidate TRICARE coverage of ABA based on the Department's
demonstration authority in section 1092 of title 10, U.S. Code. The
overarching goal is to analyze, evaluate, and compare the quality,
efficiency, convenience and cost effectiveness of those autism-related
services that do not constitute the proven medical care provided under
the medical benefit coverage requirements that govern the TRICARE Basic
Program.
DATES: Effective Date: July 25, 2014. This demonstration authority will
remain in effect until December 31, 2018.
ADDRESSES: Defense Health Agency, Health Plan Execution and Operations,
7700 Arlington Boulevard, Suite 5101, Falls Church, Virginia 22042.
FOR FURTHER INFORMATION CONTACT: For questions pertaining to this
demonstration, please contact Mr. Richard Hart at (703) 681-0047.
SUPPLEMENTARY INFORMATION:
A. Background Regarding the Autism Care Demonstration
Autism Spectrum Disorder (ASD) affects essential human behaviors
such as social interaction, the ability to communicate ideas and
feelings, imagination, and the establishment of relationships with
others. The TRICARE Basic Program offers a comprehensive health benefit
offering a full array of medically necessary services to address the
needs of all TRICARE beneficiaries with an ASD diagnosis. TRICARE's
Basic Program provides occupational therapy (OT) to treat deficits and
promote the development of self-care skills; physical therapy (PT) to
treat motor skill deficiencies and promote coordination; speech and
language pathology therapy (SLP) to treat deficits in speech and
language development and promote communication skills; psychiatry,
psychology and therapists to address psychopharmacological needs,
psychotherapy, and psychological testing. Additionally, the full range
of medical specialties to address the medical conditions common to this
population are covered.
Applied Behavior Analysis (ABA) is the design, implementation, and
evaluation of environmental modifications to produce socially
significant modification in human behavior. ABA is based on the
principle that an individual's behavior is determined by past and
current environmental events in conjunction with organic variables such
as the individual's genetic endowment and ongoing physiological
variables. ABA, by certified behavior analysts, focuses on treating
behavioral difficulties by changing an individual's environment (i.e.,
shaping behavior patterns through reinforcement and consequences). ABA
is delivered optimally when family members/caregivers participate by
consistently reinforcing the ABA interventions in the home setting in
accordance with the prescribed treatment plan developed by the behavior
analyst.
To date, the Department has not considered ABA to be medical in
nature. As such, coverage of ABA as a medical treatment for ASD had
been excluded from the TRICARE Basic Program and covered only for
Active Duty Family Members (ADFMs) enrolled in the Extended Care Health
Option (ECHO) until recent litigation and legislation provided
temporary extension of some ABA under the Basic Program and expansion
of additional services to other beneficiaries. However, ABA services
are perceived as helpful by parents and some providers for the
developmental trajectory of children with ASD. Although there is still
a paucity of conclusive clinical evidence in that regard, there is
growing support in the field of developmental pediatric medicine for
the view that ABA will at some point emerge as a medically necessary
treatment for ASD. However further assessment is needed to determine
the appropriate characterization of ABA as an educational service or
medical treatment, and the parameters for how ABA should be provided.
The provision of ABA as an intervention is still in its infancy.
Although the Behavior Analyst Certification Board (BACB) has
established national guidelines for behavior analysts, they have yet to
issue national certification standards for the ABA ``Tutors'' or
``Behavioral Technicians'' who interact with ASD-diagnosed
beneficiaries for multiple hours per day. Furthermore, only nine states
currently license the behavior analysts who evaluate, develop treatment
plans, and supervise delivery of ABA interventions for ASD-diagnosed
beneficiaries, and their national certification standards are in the
process of evolving. Additionally, the American Medical Association
(AMA) has just recently developed Category III Current Procedure
Terminology (CPT) codes (i.e., a temporary set of codes for emerging
technologies, services, and procedures) for ABA, which are not yet
implemented and that will influence how ABA encounters are classified
and reimbursed in the future.
Over the course of the ABA Pilot, TRICARE has been engaging with
various stakeholders regarding TRICARE's coverage of ABA for ASD.
Included in these groups have been participants from various national
provider organizations, families of children with ASD, military
providers who treat ASD, military beneficiary-related associations, and
ASD advocacy groups. Feedback received regarding the ABA Pilot
addressed issues including: The autonomy of BCBAs in formulating and
implementing ABA treatment plans; the appropriate use of standardized
testing to assess progress; appropriate procedures to ensure valid
diagnosis of ASD; how to best transition care from the ECHO Autism
Demonstration to the ABA Pilot when a beneficiary's sponsor retires
from active duty; and the nature of discharge criteria that should be
applied to ABA interventions. Based on the extensive and helpful
feedback, the Department adjusted the ABA Pilot to implement lessons
learned to date. For example, administration of the Autism Diagnostic
Observation Scale, second edition (ADOS-2), was changed to being
required only at the beginning of enrollment in the ABA Pilot, and the
requirement for a repeat ADOS-2 was dropped for waiver requests for
continued ABA beyond two years. To ensure continuity of care during
transition periods, ADFMs enrolled in the ECHO Autism Demonstration who
[[Page 34293]]
transition to retiree dependent status were allowed direct entry into
the ABA Pilot, and a one-year grace period was granted to allow
sufficient time to meet the ABA Pilot's diagnosis, referral and
assessment requirements. However, additional evaluation is needed
beyond the one-year ABA Pilot period to: (a) Evaluate the adequacy of
procedure changes made to date concerning coverage provided to non-
ADFMs as well as implement additional planned adjustments, and (b) test
the acceptance and applicability of the ABA coverage requirements and
procedures developed for the ABA Pilot for the larger ADFM beneficiary
population currently receiving ABA services under the ECHO Autism
Demonstration, and (c) compare options for treating ASD under the
TRICARE Basic Program generally. Under the new comprehensive Autism
Care Demonstration, the Department will further evaluate the delivery
of ABA services and integrate feedback from groups on the ABA tiered-
delivery model to include the provision of ABA core services such as
the initial ABA assessment, the initial ABA Treatment Plan (TP), the
delivery of ABA specialized interventions, repeat ABA assessments, and
ABA TP updates. The Department now seeks to transition that temporary
patchwork structure into a more comprehensive program that will better
support analysis and comparisons of the most appropriate standards,
procedures and protocols for the delivery and financing of ABA services
under TRICARE.
This transition includes moving ABA temporarily added in 2012 to
the TRICARE Basic Progam into the Autism Care Demonstration, but
without substantively changing the coverage. This is supported by the
Department's interim coverage determination of June 28, 2013, which
reaffirmed that available evidence does not support coverage under the
TRICARE Basic Program, but deferred any change during the term of the
NDAA-2013 ABA Pilot, which has a statutory end date of one year from
the implementation date: July 24, 2014. In connection with the National
Defense Authorization Act for Fiscal Year 2014, Congress considered but
did not enact any changes in TRICARE ASD or ABA coverage and did not
extend the ABA Pilot. Based on the Department's ongoing need to further
analyze, compare and evaluate the nature and options for treating ASD,
the Department will transition of all current ABA to the new Autism
Care Demonstration to allow the Department to further analyze, compare,
evaluate, and refine the procedures and protocols concerning the
provision of ABA services and the ABA tiered delivery model.
The end result of this transition is that with very minimal change,
all ABA currently provided under the patchwork combination of ECHO, the
ECHO Demonstration, and the NDAA-2013 ABA Pilot will now be provided
under the comprehensive Autism Care Demonstration through 2018. At that
time, the interim coverage determination will be reassessed based on
accumulated TRICARE experience and any other pertinent new information.
B. Description of the Autism Care Demonstration
The Department's continued evaluation of ABA for ASD must be
accomplished while ensuring continuity of care for children currently
receiving ABA and those who will be diagnosed with ASD and then seek
treatment. Specific Autism Care Demonstration goals include:
1. Further analyzing and evaluating the appropriateness of the ABA
tiered-delivery model under TRICARE generally in light of current and
future Behavior Analyst Certification Board (BACB) Guidelines;
2. Determining the appropriate provider qualifications for the
proper diagnosis of ASD and the provision of ABA, and assessing the
added value of ABA Tutors, or Behavioral Technicians, beyond ABA
provided by BCBAs;
3. Assessing, across the three TRICARE regions, the ASD beneficiary
characteristics associated with full utilization of the ABA tiered-
delivery model versus utilization of BCBA services only or non-
utilization of any ABA services, and isolating factors contributing to
significant variation across TRICARE regions in delivery of ABA;
4. Determining what beneficiary age groups utilize and benefit most
from ABA interventions;
5. Assessing the relationship between receipt of ABA services and
utilization of established medical interventions for children with ASD,
such as speech and language pathology (SLP) therapy, occupational
therapy (OT), physical therapy (PT), and pharmacotherapy; and
6. Assessing of the feasibility and advisability of establishing a
beneficiary cost share for the treatment of ASD.
The Autism Care Demonstration will offer comprehensive ABA for all
TRICARE eligible beneficiaries with an ASD when diagnosed by an
appropriate provider. Under the Autism Care Demonstration, a Board
Certified Behavior Analyst (BCBA) or Board Certified Behavior Analyst-
Doctorate (BCBA-D) referred to as an ``ABA Supervisor'' will plan,
deliver and/or supervise an ABA program. The BCBA or BCBA-D is
supported by Board Certified Assistant Behavior Analysts (BCaBA) and/or
paraprofessional Behavioral Technicians who work one-on-one with the
beneficiary with ASD in the home and community setting to implement the
ABA intervention protocol designed, monitored and supervised by the
BCBA or the BCBA-D. A BCaBA and/or Behavioral Technician working within
the scope of their training, practice, and competence may assist the
BCBA or BCBA-D in various roles and responsibilities as determined
appropriate by the BCBA or BCBA-D and delegated to the BCaBA and/or
Behavioral Technician, and consistent with the BACB Guidelines (2012)
and BACB certification requirements. As such, the Autism Care
Demonstration will specifically require that BCaBAs and Behavioral
Technicians work under the supervision of a BCBA or BCBA-D. ABA
delivered solely by BCBAs or BCBA-Ds is also covered by the Autism Care
Demonstration and will provide a comparative assessment of providing
ABA services delivered solely by master's level providers or under the
ABA tiered delivery model in terms of access, quality, and cost. The
Department will also compare naturally occurring utilization data of
PT, OT, SLP and pharmacotherapy services without ABA to those also
receiving ABA sole provider and tiered model services.
To ensure continuity of ABA care for all beneficiaries, the Autism
Care Demonstration will be implemented in a phased approach to
transition from those coverage rules that currently exist under the
patchwork of programs to the new consolidated Autism Care Demonstration
as all actions necessary to start services under the Autism Care
Demonstration are completed (i.e., development of proposed policy
language, funding, publication of policy manuals, and contract
modifications). The Department will commence ABA coverage under the
Autism Care Demonstration model by July 25, 2014, the statutory end
date of the current ABA Pilot, with all beneficiaries transitioned from
their current ABA coverage model to the new consolidated Autism Care
Demonstration not later than December 31, 2014. Only ABA will be
transitioned to the new consolidated Autism Care Demonstration. All
medically necessary services that address the needs of TRICARE
[[Page 34294]]
beneficiaries with an ASD diagnosis (e.g., SLP, OT, PT,
pharmacotherapy, etc.) will otherwise continue under the TRICARE Basic
Program. Additionally, the full range of medical specialties to
diagnose and treat medical conditions covered in accordance with the
regulations governing TRICARE Basic Program benefits.
Likewise, the ECHO program as currently outlined in Section 199.5
of title 32, Code of Federal Regulations remains otherwise unaffected.
ECHO-registered active duty family members will continue to receive all
services and supplies determined by the Department to assist in
reducing the disabling effects of an ECHO-eligible dependent's
qualifying conditions, except for the changes concerning coverage of
ABA that will be implemented in the new comprehensive Autism Care
Demonstration noted above. Participation in the Autism Care
Demonstration by ADFMs requires registration in ECHO and shall
constitute participation in ECHO for purposes of ECHO registered
beneficiary eligibility for other ECHO services (e.g., respite care).
By linking registration in ECHO, the Department can ensure these
beneficiaries continue to receive all services and supplies determined
by the Department to assist in reducing the disabling effects of an
ECHO-eligible dependent's qualifying conditions such as respite care,
durable equipment, and additional PT, OT and SLP services available
under ECHO.
Supplemental ABA benefits authorized for certain non-ADFMs--
including retiree dependents and others--under Section 705 of NDAA-2013
shall be likewise transitioned from the one-year ABA Pilot to the new
Autism Care Demonstration. During the transition period of the
remainder of 2014, the regional contractors will work with
beneficiaries with ASD to ensure smooth transitions to avoid
disruptions in ABA.
The Autism Care Demonstration will authorize TRICARE reimbursement
of the following ABA to TRICARE eligible beneficiaries with an ASD
diagnosed by an appropriate provider: An initial beneficiary ABA
assessment, to include administration of appropriate diagnostic tests,
and a functional behavioral assessment and analysis; development of an
ABA Treatment Plan (TP) with goals and objectives of behavior
modification and specific-evidenced based interventions; one-on-one ABA
interventions and assessments in accordance with the treatment plan
goals and objectives; and periodic ABA TP updates that reflect re-
assessment of the beneficiary's progress toward meeting treatment goals
and objectives specified in the ABA TP.
C. Providers Under the Autism Care Demonstration
TRICARE coverage of ABA under the Autism Care Demonstration will
require a diagnosis of ASD rendered by an appropriate provider. For
purposes of the Autism Care Demonstration, ASD shall only be diagnosed
by certain TRICARE-authorized physician Primary Care Managers (P-PCMs)
or by a specialized ASD provider. TRICARE authorized P-PCMs for the
purposes of the diagnosis of ASD for coverage under the Autism Care
Demonstration include: TRICARE authorized family practice, internal
medicine and pediatric physicians, whether they work in the purchased
care or direct care system. TRICARE authorized specialty ASD providers
include: TRICARE authorized physicians board-certified or board-
eligible in behavioral developmental pediatrics, neurodevelopmental
pediatrics, and pediatric neurology or adult or child psychiatry; or
doctoral-level licensed clinical psychologists. Other PCMs, including
Nurse Practitioners (NPs) and Physician Assistants (PAs), or other
providers not having the qualifications described above, are not ASD
diagnosing providers for Autism Care Demonstration purposes. In cases
where a beneficiary does not have a P-PCM (such as when assigned to a
NP or PA), the ASD diagnosis may be rendered by a TRICARE authorized
physician in any of the disciplines described above under P-PCM, or by
a TRICARE authorized specialty ASD provider.
The minimal educational level required for an ABA Supervisor under
the Autism Care Demonstration's tiered model, and consistent with the
BACB Guidelines (2012), is the master's degree. Both BCBAs and BCBA-Ds
have a scope of practice at the full clinical level, which enables them
to perform full ASD assessments, develop treatment plans, reassessments
and updates, and supervise the BCaBAs and paraprofessional Behavioral
Technician staff working under them. Although TRICARE previously
authorized BCaBAs to practice independently under ECHO and the ECHO
Autism Demonstration, those provisions pre-dated the more recent BACB
Guidelines (2012). Therefore, BCaBAs must be supervised by BCBAs or
BCBA-Ds under the Autism Care Demonstration. BCaBAs have a scope of
practice that allows them to assist the BCBA or BCBA-D in clinical
support and case management activities, to include assisting in the
supervision of the Behavioral Technicians and the training of TRICARE
eligible family members to implement ABA interventions in accordance
with the ABA TP. However, under the BACB Guidelines, BCaBAs may not
practice independently of the supervision of a BCBA or BCBA-D, and
TRICARE may not cost-share on claims for services provided to TRICARE
beneficiaries submitted for unsupervised services of a BCaBA.
Behavioral Technicians are paraprofessionals who meet the
educational requirements established by the Department, which follow
current BACB Guidelines for Behavioral Technician certification (2014).
Under the Autism Care Demonstration, Behavioral Technicians will
require one hour of direct supervision for every ten hours of ABA
therapy interventions provided. A Behavioral Technician may not conduct
the ABA assessment, or establish a child's ABA TP. TRICARE may not
cost-share on claims for services provided to TRICARE beneficiaries
submitted for unsupervised services of Behavioral Technicians.
D. Referral and Authorization
After a TRICARE eligible beneficiary is diagnosed with an ASD by an
appropriate diagnosing provider (as discussed above), a referral with
the supporting diagnosis must be submitted by the TRICARE-authorized
physician Primary Care Manager (P-PCM) or specialized ASD provider who
rendered the diagnosis to the regional contractor. Other PCMs,
including NPs and PAs, or other providers not having the qualifications
of an appropriate provider described above, may not refer beneficiaries
for ABA. Upon receipt, the regional contractor shall issue a timely
authorization for ABA under the Autism Care Demonstration for one year
from a TRICARE authorized BCBA or BCBA-D including a referral for
diagnostic testing as needed. That authorization will enable each
beneficiary with ASD to seek developmentally appropriate ABA from any
TRICARE authorized BCBA or BCBA-D. The provision of ABA by a BCBA or
BCBA-D under the Autism Care Demonstration shall include the elements
of a full ASD assessment discussed in paragraph B above. Prior to the
expiration of each one-year authorization period for ABA under the
Autism Care Demonstration, the BCBA or BCBA-D shall request re-
authorization from the regional contractor based on documented
appropriateness of continued ABA, which shall include an updated ABA
TP. Discharge criteria to guide regional medical directors in
determining if/
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when ABA is no longer appropriate for a particular beneficiary shall
include the following factors: No measurable progress made toward
meeting goals identified on the ABA TP after successive progress review
periods and repeated modifications to the treatment plan; ABA TP gains
are not generalizable or durable over time and do not transfer to the
larger community setting (to include school) after successive progress
review periods and repeated modifications to the treatment plan; the
patient can no longer participate in ABA (due to medical problems,
family problems or other factors that prohibit participation); the
patient has met ABA TP goals and is no longer in need of ABA; and loss
of eligibility for TRICARE benefits as defined in 32 C.F.R. 199.3.
E. Testing and Assessment
For any beneficiary whose ASD diagnosis was not made by an
authorized specialty ASD provider as defined above, diagnostic
assessment using the Autism Diagnostic Observation Schedule, Second
Edition (ADOS-2) is required within the first year of ABA to confirm
the diagnosis of ASD. For assessment of clinical progress, BCBAs
supervising provision of ABA for beneficiaries must ensure that
appropriate, individualized assessment of progress toward behavioral
targets and goals is documented weekly and reviewed by the BCBA or
BCBA-D on at least a monthly basis. Progress can be presented either in
graphic form, and/or using standardized assessment measures (e.g., the
Assessment of Basic Language and Learning Skills-Revised [ABLLS-R] or
the Verbal Behavior Milestones Assessment and Placement Program [VB-
MAPP], administered every 6 months). The assessment method selected
should be consistent (i.e., administered at baseline and follow-up) for
the entire episode of care. Annual standardized assessment of adaptive
functioning using the Vineland Adaptive Behavior Scales, Second Edition
(Vineland-II) is covered, but not required. Documentation of clinical
progress must be submitted with the treatment plan annually to the
referring provider and the regional contractor for continued
authorization of ABA.
F. ABA Provided Under the TRICARE Overseas Program (TOP)
ABA shall only be authorized under the TOP for ABA provided
directly by either a BCBA or BCBA-D in countries that have BCBA and
BCBA-Ds certified by the BACB. The TOP contractor will verify
compliance with all requirements outlined in the Autism Care
Demonstration. European and other international providers certified by
the BACB as a BCBA or BCBA-D are TRICARE authorized providers of direct
ABA for the overseas program. BCaBAs are not not independent TRICARE
authorized providers of ABA for the overseas program, regardless of
their status in their host nation, nor are their services as part of
the tiered model authorized overseas. Likewise, Behavioral Technicians
are not authorized to provide ABA overseas. In situations where there
are no BCBAs or BCBA-Ds certified by the BACB within the TRICARE
specialty care access standards in the host nation, TRICARE may not
cost-share ABA under the Autism Care Demonstration, or otherwise.
G. Cost-Sharing
Under the Autism Care Demonstration, the Department will implement
beneficiary cost-sharing requirements that will not be subject to an
annual cap. For ABA provided by a BCBA or BCBA-D, beneficiary cost
sharing will be equal to the cost sharing applicable to services under
the TRICARE Basic Program. TRICARE Standard program deductible and
cost-share amounts are defined in 32 C.F.R. 199.4. TRICARE Extra
program deductible and cost-share amounts are defined in 32 C.F.R.
199.17. TRICARE Prime program enrollment fees and copayments are
defined under the Uniform Health Maintenance Organization (HMO) Benefit
Schedule of Charges in 32 C.F.R. 199.18. For information on fees for
Prime enrollees choosing to receive care under the Point of Service
(POS) option, refer to 32 CFR 199.17.
For ABA provided by a BCaBA and/or Behavioral Technicians under the
supervision of a BCBA or BCBA-D, the sponsor/beneficiary cost-share for
active duty family members every month in which ABA benefits are
received shall be equal to the monthly ECHO fee as required 32 CFR
199.5 and set forth in TRICARE Policy Manual, Chapter 9, Section 16.1.
Registration in ECHO for active duty family members and payment of the
monthly ECHO cost-share satisfies the monthly Autism Care Demonstration
cost share for ABA provided by a BCaBA and/or Behavioral Technicians.
Non-active duty cost sharing for ABA provided by a BCaBA and/or
Behavioral Technicians will be 10%, as it has been under the ABA Pilot.
These cost sharing requirements will continue to be outside the TRICARE
Basic Program catastrophic cap.
H. ABA Provider Reimbursement
Revised reimbursement rates and claims processes will be developed
and implemented as appropriate for TRICARE cost-sharing of ABA under
the Autism Care Demonstration. These revised billing codes and
procedures will be disseminated with publication of the TRICARE policy
manual changes regarding provision of ABA. Only BCBAs and BCBA-Ds may
submit claims and receive TRICARE reimbursement for ABA under the
Autism Care Demonstration.
I. Program Integrity and Oversight
A utilization review process will be established for the Autism
Care Demonstration to provide quality oversight of ABA cost-shared by
TRICARE and to ensure developmentally appropriate ABA is provided to
all eligible TRICARE beneficiaries with ASD. A component of Autism Care
Demonstration oversight will address methods to identify ABA
overutilization or other forms of misuse. Clinical requirements are
specified for documentation on the initial ABA TP and ABA TP updates.
The TRICARE Quality Monitoring Contractor (TQMC) shall perform random
record review for coding compliance and quality monitoring of the ABA
TP every 180 days. TQMC findings of improper coding compliance shall be
reported to the regional contractor in accordance with the TRICARE
Operations Manual, Chapter 13. This is essential to maximizing access
to the limited number of behavior analysts available to assist those
beneficiaries with ASD.
J. Communications
The DHA will educate beneficiaries, providers, and other
stakeholders about this change through multiple communications
channels, including: Traditional media; social media; internet content;
provider education; outreach to beneficiary organizations, advocacy
groups, and other stakeholders; printed materials; customer service
updates; and subscriber emails.
K. Evaluation of the Autism Care Demonstration
The Autism Care Demonstration will assist the Department in
evaluating: The aspects of the ABA tiered-delivery model that are
medical, educational, or other characterization; whether the provision
of the ABA tiered-delivery model can effectively offset the difficulty
parents have in using ABA interventions collaboratively, consistently,
and intensely when interacting with their children who have
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an ASD; whether the use of BCaBAs and Behavioral Technicians creates
more cost-effective access to ABA based on the limited number of BCBAs
and BCBA-Ds, while maintaining the quality of ABA; the appropriateness
of requirements for providers, referral, authorization, treatment
planning, assessment, testing, reimbursement, cost-sharing, discharge
planning, and oversight to increase access to ABA for TRICARE
beneficiaries with an ASD, while ensuring appropriate progress and
utilization.
To collect necessary data to achieve the goals outlined for the
Autism Care Demonstration, two parental surveys will be administered:
The first at the mid-period of the Autism Care Demonstration (2016) and
a second upon its conclusion (2018). These parental surveys will
contain questions regarding: The reasons why parents avail themselves
of the ABA tiered-delivery model, BCBA-only ABA, or no ABA; the
perceived impairment(s) of their child with ASD; their degree of
difficulty in accessing ABA and other clinical services with ASD; and,
their overall satisfaction and perceived benefit regarding the ABA
services provided.
The Autism Care Demonstration will provide the Department the
opportunity to continue evaluating the provision of ABA under TRICARE
while avoiding disruption of potentially therapeutic ABA interventions
that could greatly benefit TRICARE beneficiaries with ASD. This
information will be essential for determining it and how ABA should be
delivered under TRICARE if the clinical community and accumulated
evidence clearly indicates that ABA is a reliably evidence-based
medical intervention for the treatment of ASD.
Dated: June 11, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-14023 Filed 6-13-14; 8:45 am]
BILLING CODE 5001-06-P