BILL ANALYSIS

H.B. 4058

By: Meza

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Applied behavior analysis (ABA) became a mainstream treatment for children with autism in

Texas in the 1990s and 2000s. While ABA therapy has been a mainstream treatment in Texas

for over a decade and has been paid for using state funds from multiple agencies including the Health and Human Services, adults with autism, some parents of children with autism, and adults who were subjects of ABA therapy as children have raised concerns about the efficacy of the therapy and its long-term impacts on the children receiving it once they become adults. Some studies have also shown that ABA therapy has a relatively low efficacy rate. H.B. 4058 seeks to ensure that the state is adequately informed about ABA therapy and its potential costs to the state once Medicaid begins paying for ABA treatment under 2017 legislation by requiring the Health and Human Services Commission to conduct a cost-benefit analysis of ABA therapy as a means of treating children with autism.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4058 requires the Health and Human Services Commission (HHSC) to conduct a cost‑benefit analysis comparing the cost to the state of providing applied behavior analysis services to children with autism compared with the effectiveness of the services in treating children with autism. The study must determine the cost of applied behavior analysis services across all public benefits programs and determine the efficacy of applied behavior analysis services provided to children with autism. In conducting the study, HHSC must consult with all relevant state agencies that administer or operate a public benefits program to obtain all information necessary to conduct the study.

H.B. 4058 requires HHSC to prepare and submit a report on the findings of the study not later than September 1, 2022, to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committees of the senate and house of representatives having jurisdiction over health and human services. The bill's provisions expire September 1, 2023.

EFFECTIVE DATE

September 1, 2021.