Core Provisions: The Fairness in Autism Treatment Act would amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to require that group health plans provide coverage for pervasive developmental disorders such as autism. The expanded coverage would include therapeutic, respite and rehabilitative care for participants or for beneficiaries under the age of 22. In addition, the group health plan may not impose any annual or lifetime dollar limitation on benefits for pervasive developmental disorders unless such limitation applies to all medical and surgical benefits. This amendment would not apply to group health plans of small employers, i.e., those with at least two but less than fifty employees.

Status: On January 16, 2008, the bill was introduced by Rep. Wexler (D-FL), and referred to both the Committee on Education and Labor, and the Committee on Ways and Means.