Florida's autism insurance mandate: what group health plans must cover for ABA
The 30-second answer
Florida's Steven A. Geller Autism Coverage Act (s. 627.6686 for insurers, s. 641.31098 for HMOs) requires group plans issued or renewed since April 1, 2009 to cover ABA and speech, occupational and physical therapy for autism and Down syndrome. It covers people under 18, or 18 or older and in high school, with a developmental disability diagnosed by age 8; the statute does not make clear whether that diagnosis age also applies to those under 18. The required coverage is capped at $36,000 a year and $200,000 in total, adjusted each January 1. Individual and small employer plans are excluded, and the state says it has no authority over self-insured employer plans, so check each family's plan.
Key facts
Which plans the law covers
Florida’s autism coverage rules sit in two sections of the insurance code, together called the Steven A. Geller Autism Coverage Act: s. 627.6686 for insurers and s. 641.31098 for HMOs12.
- Covered: group health insurance policies and group benefit plans from insurers licensed in Florida, including the state group insurance program, and group HMO contracts12.
- Excluded by the text: plans in the individual market, individually underwritten plans and plans provided to a small employer12.
- The regulator’s reading: Florida’s Department of Financial Services (DFS) says the statutes apply to Florida-regulated, fully insured large group insurance and HMO plans, including the state employee plan3.
| Plan type | Does the Florida mandate apply? | Who to ask |
|---|---|---|
| Fully insured large group plan issued in Florida | Yes3 | The insurer or HMO; DFS handles complaints3 |
| State employee group plan | Yes13 | Division of State Group Insurance3 |
| Individual or small group plan | Not under the statute; ABA may still be covered13 | The plan’s benefit documents |
| Self-insured employer plan (ERISA) | DFS says it has no authority over these plans3 | The plan, and the U.S. Department of Labor3 |
DFS adds that most large group plans must also follow the federal mental health parity law (MHPAEA), and that neither the ACA nor that law explicitly mandates ABA the way Florida law does for large groups3. Coverage also varies with the type of policy and its original issue date3.
Who qualifies: age and diagnosis
The law protects an eligible individual, defined as “an individual under 18 years of age or an individual 18 years of age or older who is in high school who has been diagnosed as having a developmental disability at 8 years of age or younger”1. The sentence does not make clear whether that diagnosis age applies to children under 18 or only to those 18 and older, so confirm with the plan before counting on coverage for a child diagnosed after age 8.
- Conditions. Treatment of autism spectrum disorder and Down syndrome1. The statute defines autism through three disorders as defined in the most recent edition of the DSM: autistic disorder, Asperger’s syndrome and pervasive developmental disorder not otherwise specified1. DFS notes that an ASD diagnosis now includes those conditions3.
- Services. Well-baby and well-child screening for autism, plus speech, occupational and physical therapy and ABA1.
- Timing. Plans issued or renewed on or after April 1, 20091. Down syndrome was added by chapter 2016-222, the last law to amend both sections412.
The dollar limits and the yearly adjustment
- Under s. 627.6686, the required coverage is limited to $36,000 a year and may not exceed $200,000 in total lifetime benefits. The HMO section uses the same amounts12.
- Both sections adjust “the maximum benefit under paragraph (4)(b)” every January 1 by the medical component of the Consumer Price Index for All Urban Consumers12. That paragraph holds both amounts. We found no Florida document that publishes the adjusted figure for 2026, so ask the plan which maximum it applies this year.
- DFS describes the amounts as minimum benefits, and the statute says it does not limit benefits a plan otherwise offers31.
- Dollar limits, deductibles and coinsurance may not be less favorable than those for physical illnesses, except as the section itself provides1.
- A plan may not deny this coverage because the services are habilitative1.
Who may provide ABA, and the treatment plan
- Providers. ABA must be provided by a person certified under s. 393.17 or licensed under chapter 490 or 4911. Section 393.17 requires the state agency to recognize behavior analyst certification awarded by a nonprofit that meets national credentialing standards5. For what that means in practice, see Florida’s rules on BCBA licensure. The statute does not mention technicians, so ask each plan how it covers RBT services delivered under supervision.
- Prescription. Coverage is limited to treatment prescribed by the treating physician in accordance with a treatment plan1.
- Plan contents. A diagnosis, the proposed treatment by type, its frequency and duration, the anticipated outcomes stated as goals, how often the plan will be updated, and the treating physician’s signature1.
- Plan rules still apply. The insurer may use coordination of benefits, network requirements, limits on services by family or household members, utilization review and medical necessity review1.
A plan also may not deny, terminate or restrict coverage because a person has a developmental disability diagnosis1.
How this differs from Medicaid
| Topic | Commercial mandate | Florida Medicaid |
|---|---|---|
| Who | Under 18, or older and in high school with an early diagnosis; autism or Down syndrome1 | Under 21, with behavior that impairs a major life activity6 |
| Limits | $36,000 a year and $200,000 in total, adjusted each January1 | Up to 40 hours a week; more can be approved under EPSDT if medically necessary6 |
| Who orders | The treating physician prescribes, with a treatment plan1 | Referral by an independent physician or qualified practitioner6 |
| Federal rules | Most large group plans follow federal parity law3 | EPSDT includes treatment to correct or ameliorate conditions, whether or not the state plan lists it7 |
When a child has both, Florida law makes Medicaid the payor of last resort, and other sources of payment come first8.
Checklist to verify a family’s commercial ABA benefit
What is in force and what may change
The text above is the 2026 edition of both statutes, and the last amendment was chapter 2016-222124. The maximum benefit changes every January 112. For how Medicaid authorizations work, see ABA prior authorization in 2026.
This explains the statute; it is not legal or insurance advice. Coverage depends on the plan document, so confirm with the plan, DFS or an attorney, especially for self-insured plans3.
Frequently asked questions
Does Florida's autism insurance law apply to self-funded employer plans?
The statutes cover group plans from insurers licensed in Florida and group HMO contracts. Florida's Department of Financial Services says they apply to fully insured large group plans and that it has no authority over self-insured ERISA plans. Ask the employer or the plan which rules it follows; DFS sends complaints about self-insured private employer plans to the U.S. Department of Labor.
What is the annual limit for ABA under Florida's mandate?
The statute limits the required coverage to $36,000 a year and $200,000 in total lifetime benefits, and it adjusts the maximum benefit every January 1 by the medical component of the Consumer Price Index. We found no Florida document that publishes the 2026 figure, so ask the plan which maximum it applies.
Does the Florida mandate cover adults with autism?
It covers people under 18, and people 18 or older who are in high school, with a developmental disability diagnosed at age 8 or younger. The statute does not make clear whether that diagnosis age also applies to children under 18, so confirm with the plan when the diagnosis came later. Adults outside that definition are not covered by this section, although a plan may choose to offer more.
Do individual health plans in Florida have to cover ABA?
Not under this statute, which excludes plans in the individual market, individually underwritten plans and plans provided to a small employer. Florida's Department of Financial Services says ABA may still be a covered service in individual and small group plans, so check the plan's benefit documents.
Who pays first if a child has both private insurance and Medicaid?
Florida law makes Medicaid the payor of last resort, and all other sources of payment for medical care, including a commercial plan, come before Medicaid.
Sources
- Section 627.6686, Coverage for individuals with autism spectrum disorder required; exception. Florida Legislature, Online Sunshine (The 2026 Florida Statutes), 2026 edition.
- Section 641.31098, Coverage for individuals with developmental disabilities. Florida Legislature, Online Sunshine (The 2026 Florida Statutes), 2026 edition.
- Autism Spectrum Disorder (ASD) Overview. Florida Department of Financial Services, Division of Consumer Services, accessed Oct 16, 2026.
- Chapter 2016-222, Laws of Florida (CS/CS/CS/HB 221). Florida Department of State, 2016.
- Section 393.17, Behavioral programs; certification of behavior analysts. Florida Legislature, Online Sunshine (The 2026 Florida Statutes), 2026 edition.
- Florida Medicaid Behavior Analysis Services Coverage Policy. Agency for Health Care Administration (AHCA), December 2024, Rule 59G-4.125.
- 42 U.S.C. 1396d, Definitions. U.S. Government Publishing Office (govinfo), United States Code, 2023 edition.
- Section 409.910, Responsibility for payments on behalf of Medicaid-eligible persons when other parties are liable. Florida Legislature, Online Sunshine (The 2026 Florida Statutes), 2026 edition.
