HB 5044 — Health occupations: health professionals; policy for the receipt of medically necessary treatment by pupils; require. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1178b.

SUBSTITUTE FOR HOUSE BILL NO.

5044 SeptemberA 24,bill 2025,to Introducedamend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by Reps.adding section 1178b.

Wendzel, Schmaltz, Rigas, Steckloff, Fitzgerald, Breen and Aragona and referred to Committee on Education and Workforce.

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1178b.

(1) Subject to subsection (2), by not later than July 1, 2026,2027, the board of a school district or intermediate school district or board of directors of a public school academy shall develop and adopt a policy that allows a student who is enrolled in the school district, intermediate school district, or public school CRM H02027'25_HB5044_INTR_1 pc63iq 1 academy and who has a prescription, recommendation, or order from a private health care specialist for medically necessary treatmentapplied behavior analysis services to receive the treatmentservices when the student is in a school setting in compliance with other applicable state CRM H02027'25 (H-3) 7dpric 1 laws and federal laws, including, but not limited to, the specified federal statutes.

The policy must address how a student described in this subsection receives medically necessary treatmentapplied behavior analysis services when the student is in a school setting in compliance with other applicable state laws and federal laws, including, but not limited to, the specified federal statutes.

(a) Include a requirement that the parent or legal guardian of each student enrolled in the school district, intermediate school district, or public school academy receive a notice that states that the specified federal statutes provide rights and protections to students to access medically necessary treatmentapplied behavior analysis services required by the student for the student to have meaningful access to the benefits of a public education or to attend school without risks to the student's health or safety due to the student's disabling medical condition.

CRM H02027'25_HB5044_INTR_1 pc63iq 1 (i) Observe the student in the school setting.

(ii) Collaborate with instructional personnel and other school personnel as necessary to ensure the student receives medically necessary treatmentapplied behavior analysis services in the school setting.

CRM H02027'25 (H-3) 7dpric 1 (iii) Provide medically necessary treatmentapplied behavior analysis services in the school setting.

(c) Include a requirement that the parent or legal guardian of each student enrolled in the school district, intermediate school district, or public school academy receive a notice informing the parent or legal guardian of any right under state law or federal law to appeal the decision of the board of the school district or intermediate school district or board of directors of the public school academy concerning access to medically necessary treatmentapplied behavior analysis services in the school setting.

(d) Include a requirement that when a student or the student's parent or legal guardian requests that the student receive access to medically necessary treatmentapplied behavior analysis services in athe school setting, school personnel designated by the principal or other chief administrator of the student's school must meet with the student, the student's parent or legal guardian, and any representatives or health care personnel designated by the student or the student's parent or legal guardian not later than 30 days after submission of the request to determine how and when the requested medically necessary treatmentapplied behavior analysis services will be accommodated.

The student's school must allow the requested medically necessary treatmentapplied behavior analysis services to be provided unless it would impose a fundamental alteration or an undue burden on the school under the specified federal statutes.

(3) The board of a school district or intermediate school district or board of directors of a public school academy shall make the policy described in subsection (1) publicly available on CRM H02027'25_HB5044_INTR_1 pc63iq 1 its website and shall, on request, make the policy available to each parent or legal guardian of a student who is enrolled in the CRM H02027'25 (H-3) 7dpric 1 school district, intermediate school district, or public school academy.

(4) Subject to the family educational rights and privacy act of 1974, 20 USC 1232g, and the health insurance portability and accountability act of 1996, Public Law 104-191, by not later than July 1, 2027,2028, and by not later than July 1 of each year thereafter, the board of a school district or intermediate school district or board of directors of a public school academy shall compile and provide to the department the total number of requests for medically necessary treatmentapplied behavior analysis services in the school setting resulting from a policy described in subsection (1) and whether each request was approved or denied and, if denied, the rationale for the denial.

(5) Subject to the family educational rights and privacy act of 1974, 20 USC 1232g, and the health insurance portability and accountability act of 1996, Public Law 104-191, by not later than January 1, 2027,2029, and by not later than January 1 of each year thereafter, the department shall make the information it receives under subsection (4) available on the department's website and shall report the information to the house and senate standing committees on education.

(a) "Medically necessary treatment"applied behavior analysis services" means treatment,evidence-based including,therapeutic butinterventions, notprescribed limitedby to,a private health care specialist and delivered according to an individualized treatment plan based on a medicalcomprehensive devicebehavioral assessment, that are required to treat autism, to reduce maladaptive behaviors, and to develop, maintain, or technology;restore functional skills, the absence of which substantially interfere CRM H02027'25 (H-3) 7dpric 1 with a student's ability to successfully access the educational environment.

aMedically person-implementednecessary treatment,applied including,behavior butanalysis services are not limitedprovided to,for appliedcustodial, behavioreducational, analysis;or recreational purposes alone, but are intended to address clinically significant needs of the individual.

and(b) other"Private therapeutichealth interventions,care thatspecialist" meetsmeans botha behavior analyst, an assistant behavior analyst, or a behavior technician as those terms are defined in section 18251 of the following:public health code, 1978 PA 368, MCL 333.18251.

(i)Private Ishealth prescribed,care recommended,specialist ordoes orderednot byinclude aschool privateparaprofessionals healthor CRMany H02027'25_HB5044_INTR_1individual pc63iqemployed 1by careor specialistcontracted actingwith withina theschool scopedistrict, ofintermediate theschool privatedistrict, health care specialist's license, registration, or otherpublic stateschool. authority.

(ii) Is delivered in a manner that falls under the scope of practice, licensure, and service delivery model for the treatment identified by the private health care specialist for the purpose of diagnosing, evaluating, treating, ameliorating, or remediating a diagnosed medical condition, disorder, disease, illness, or symptomology, including any mental health condition or disorder recognized under state law or included in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders in effect at the time of diagnosis, including, but not limited to, autism spectrum disorder.

(b) "Private health care specialist" means an individual licensed, registered, or otherwise authorized to practice a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and acting within the scope of that license, registration, or authorization.

Private health care specialist includes a behavior technician as that term is defined in section 18251 of the public health code, 1978 PA 368, MCL 333.18251.

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