CHILDREN’S ACCESS
Expanding Coverage through Tax Returns
The Maryland House of Delegates voted March 25 to establish The Kids First Act, which requires the state comptroller to notify parents at tax time if their children are eligible for Medicaid or SCHIP. Parents with incomes up to three times the federal poverty level—$42,000 for a family of two and $74,400 for a family of five—would receive a notice with their state income tax forms telling them they are eligible for subsidized health insurance. The following year, the forms would contain a box asking parents to indicate whether their children have insurance or have had a lapse in coverage of 63 or more days in the preceding year. Qualifying families would receive an enrollment application and literature about the programs in the mail. The bill stopped short of mandating enrollment for parents who don't sign up. However, The Kids First Act leaves open the possibility of a mandate. If more than 3 percent of children remain uninsured in Maryland by 2010, state officials will examine whether to withhold the child tax exemption from parents whose children are eligible but not signed up for subsidized coverage. The measure also calls for another study of how to make coverage more affordable for children whose parents earn too much for subsidized insurance but too little to afford premiums, particularly if they are self-employed. Nearly 90,000 children are eligible for public programs but are not enrolled, which makes Maryland 31st in the nation in the number of uninsured children, according to bill sponsor Delegate Heather Mizeur. "This is breaking a barrier down and putting an application in the hands of a family," Delegate Mizeur told the Washington Post.
The Arizona legislature approved a bill March 17 that blocks insurance companies from denying coverage for the diagnosis and treatment of autism, including coverage of behavioral therapy, which can cost tens of thousands of dollar per year. Under the bill, benefits for autism treatment would be capped at $50,000 a year for behavioral therapy for children up to age 9 and $25,000 a year for children aged 9 to 16. The bill covers medically necessary behavioral therapy for children with autistic disorder, Asperger's syndrome or pervasive developmental disorders. It does not apply to individual insurance policies or to small businesses with fewer than 50 employees. Autism was long considered a life sentence for children, who often ended up institutionalized. But advancements in therapy, particularly behavioral therapy, have been shown to significantly improve the lives of autistic children. Experts say that many children who get “applied behavior analysis,” a type of intensive behavioral therapy to improve speech and social skills and reduce disruptive behavior, are able to improve enough to function in regular classrooms. If Governor Janet Napolitano signs the bill, Arizona joins 19 other states and the District of Columbia with laws that require the coverage of autism treatment.
CHILD HEALTH
Lawmakers in Washington have overwhelmingly passed a bill that would set the toughest restrictions in the nation on the lead content of children's products. The bill would reduce the allowable level of lead in toys and other goods to 90 parts per million, and possibly as low as 40 parts per million. Based on recommendations from the American Academy of Pediatrics, the level is far below the current federal standard of 600 parts per million. It would also set tough limits on cadmium, a metal used in paints and plastics, and on plastic-softening chemicals called phthalates that have been linked to childhood developmental problems. The bill would compile a list of "high-priority" chemicals and require companies to file annual statements disclosing the levels of these chemicals in any of their products. The new restrictions would take effect in July 2009. Toy makers argue that the cost of certifying their products as safe under the law will be prohibitive and, as a result, they will have to stop selling toys in the state. Governor Gregoire is expected to sign the bill, report the Wall Street Journal. Illinois and Michigan have already enacted new lead laws, and a ban on phthalates is due to take effect in California next year.
The Washington State Supreme Court ruled that randomly testing student athletes for drugs violates the state’s constitution, the Seattle Times reports. Two families with high school athletes sued the Wahkiakum School District claiming a violation of privacy. “In the context of randomly drug testing student athletes, we see no reason to invent such a broad exception to the warrant requirement as such an alleged exception cannot be found in the common law,” wrote Justice Richard Sanders in the Court’s opinion. The school district starting random testing in 1999, instituting suspensions for students who tested positive.
© Copyright 2008, State Health Notes
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