Fairness in Autism Treatment Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require a group health plan that provides both medical and surgical benefits to also provide coverage for pervasive developmental disorders, including coverage for therapeutic, respite, and rehabilitative care for participants or beneficiaries who have not attained 22 years of age.
Applies the requirements of this Act separately with respect to benefits provided in-network and out-of-network.
Prohibits a group health plan from: (1) imposing any annual or lifetime dollar limitation on benefits for pervasive developmental disorders unless such limitation applies to all medical and surgical benefits as well; (2) imposing a deductible, coinsurance, or other cost-sharing for such disorders that is greater than the cost-sharing imposed for medical and surgical benefits; or (3) denying eligibility, or continued eligibility, to enroll or renew coverage under the term of the plan solely for the purpose of avoiding the requirements of this Act.
Considers the requirements of this Act a material change for the purpose of notice requirements.
Excludes from the requirements of this Act: (1) a group health plan of a small employer; or (2) a group health plan if the application of this Act results in an increase in the cost under the plan of at least 1%.
Provides that this Act shall not be construed to preempt any state law that at least meets the requirements of this Act.