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Department of Education directive affects kids up to age 3
COLUMBUS (Sept. 13, 2013)-- The U.S. Department of Education has direct Ohio to provide ABA for children under age 3 through its federally supported "Help Me Grow" program, stepping into a dispute that is already the subject of litigation.
According to a report in Cincinnati.com, the online news site of the Cincinnati Enquirer,Melody Musgrove, director of the U.S. Department of Education's special education programs, issued a letter tothe Ohio Department of Health statingthat its federally supportedearly intervention services need to include applied behavior analysis (ABA).
ABA for those in the Help Me Grow program was to be made available "to any child who is considered a good candidate to receive it," according to the report.
The letter noted that"the department is monitoring the litigation in Ohio," referring to a federal complaint filed byHollyand RobertYoung after their son Roman was denied ABA coverage under theHelp Me Grow program.The Autism Speaks Legal Resource Center has assisted the plaintiffs in the case.
U.S. District Judge Michael Barrett ordered the state to resume ABA for the child until his 3rd birthday when the Young's school district would then provide the therapy.The case is still in litigation.
Help Me Grow is Ohio's birth-to-three program that provides state and federal funding toOhio's 88 county Family and Children First Councils. The county agenciesprovide home visitation services for expectant parents, newborns, infants and toddlers up to age three who have or at riskfor developmental delays or disabilities, as well as other populations. The program is administered by the state health department'sBureau of Early Intervention Services.
School sees new insurance coverage creating job opportunities
KLAMATH FALLS, OR(September 13, 2013) -- The Oregon Institute of Technology is expanding its graduate course offerings in applied behavior analysis (ABA) to meetthe expecteddemand for more practitioners as the state's new autism insurance reform law takes effect.
"Here is more evidence that autism insurance reform creates jobs," said Lorri Unumb, Esq, Autism Speaks' vice president for state government affairs. "State laws requiring insurance coverage of ABA makes these services affordable and accessible to more families, thereby creating demand for more ABA therapists."
Oregon Tech, which currently offers undergraduate and graduate coursework in ABA,willoffer the first two of a planned nine-course sequence of graduate courses in ABA at its Wilsonville campus starting this fall.
"These courses are designed to provide the rigorous training in ABA that will prepare professionals working in the field of autism to be ready to meet the need for well-qualified, credentialed providers," the institute said in a statement. Oregon Technowoffers a four-course undergraduate sequence that has been approved by the national Behavior Analyst Certification Board (BACB) as meeting the coursework standards for Board Certified Assistant Behavior Analysts (BCaBA).
The expanded offerings are a result of the enactment of SB.365, a law requiring state-regulated health plans to cover ABA, in August. The bill was sponsored by Sen. Alan Bates, a family physician from Medford.
“I am pleased that Oregon Tech has jumped on the opportunity to prepare qualified practitioners to offer these services,” saidBates.
Dr. Maria Lynn Kessler, a professor of applied psychology at Oregon Tech, saidthe Applied Psychology program willpartner with behavior analysts in the Wilsonville area tobring theirexpertise the the new course offerings.
"We look forward to meeting the workforce development needs by offering rigorous coursework in Applied Behavior Analysis to prepare professionals to provide quality services that will make a difference in the lives of children with autism,” she said.
The Oregon law, signed by Governor John Kitzhaber in August,will take effect in 2015 for public employees and 2016 for state-regulated health plans.
The new law establishes requirements for state-regulated health plans to approve and manage autism treatment, including ABA and any other medical or mental health services identified in an individualized treatment plan. To qualify, kids must begin treatment before age 9; up to 25 hours of ABA per week will be covered and continue for as long as medically necessary, regardless of age.
Existing Oregon laws require coverage of autism treatment for older patients and those seeking more than 25 hours of ABA per week.
Autism Speaks joins in successful appeal based on state's 2011 autism insurance reform law
LOS ANGELES (September 11, 2013) -- A California policy that allowed unlicensed but nationally board-certified ABA practitioners to provide therapy under some health plans but declared this illegal for plans covering lower-income families and state employeesis "nonsensical" and void in light of California's 2011 autism insurance reform law, a state appeals court has ruled.
The case was brought by Consumer Watchdog on behalf of state employees covered under the California Public Employees Retirement System (CalPERS) against the state Department of Managed Health Care (DMHC), which enforced the policy. The Autism Speaks Legal Resource Center, represented by Executive Director Dan Unumb, and Robert Barnes, Esq. of Kaye Scholer, intervened as a "friend of the court" on behalf of the successful plaintiffs.
“This decision is a victory for autistic children of firefighters, police officers, and low-income parents as it clarifies that they can't be treated differently than those covered under private health plans,” said Consumer Watchdog attorney Jerry Flanagan.
A trial court in early 2011 ruled against CalPERS employees, concluding that DMHC could require ABA providers to hold a state license in order to be reimbursed by health insurance.
Autism Speaks, Consumer Watchdog and other advocates then worked with California Senate President pro Tem Darrell Steinberg to craft an ABA bill that ultimately passed the legislature and was signed by Gov. Jerry Brown in October 2011. The ABA bill provided that professional certification by the national Behavior Analysts Certification Board (BACB) would be sufficient for ABA practitioners to work in California, allowing their services to be covered by insurance.
The appeals court held that the 2011 ABA law served as an implicit legislative exemption to California's psychology practice act that effectively recognized that unlicensed BCBAs can deliver ABA treatment in California, even under plans like CalPERS and Healthy Families that are not specifically covered by the ABA law.
The court concluded that this exemption had to be interpreted broadly, otherwise a BACB-certified practitioner would be acting legally in treating a child with autism, but if the family switched to CalPERS coverage, the same practitioner delivering the same treatment to the same child would be acting illegally. "Such a result would be nonsensical," the court found.
As a result of the legislation and the lawsuit, “the DMHC can no longer use licensure as a barrier to ABA treatments for autistic children,” said Fredric D. Woocher of Strumwasser & Woocher LLP. “When we filed this lawsuit, HMOs were denying autistic children the most effective medical treatment that is available, with severe consequences for them, their families, and the state's taxpayers. HMOs were blatantly violating California law.
“DMHC's practice of requiring licensure led to the agency's upholding HMOs' denials and delays of this critical treatment for autistic children and their families at the time they need it the most,” Woocher said.
Although the appeals court only required coverage of BCBA-provided and supervised ABA for treatment occurring after July 1, 2012, the court offered strong support for ABA, noting that numerous studies have demonstrated that ABA is the most effective known treatment for children with autism and that the treatment has lasting results.
The 2011 ABA law is scheduled to expire on July 1, 2014. Legislation extending that deadline through 2016 has been approved by the Legislature and sent to Governor Brown.
State licensing issues involving ABA practitioners has frustrated the implementation of autism insurance reform laws in a number of states besides California, including New York, Virginia and Rhode Island and Autism Speaks continues to work through the courts, regulatory agencies and state legislatures to resolve these issues and insure that coverage reaches those in need.
Joins with other advocates in urging that proposal covering ABA, other therapies be strengthened
ANNAPOLIS (September 9, 2013) -- A Maryland proposal making clear that health insurers under existing state law must cover applied behavior analysis (ABA) and other autism therapiesneeds to be strengthened to maximize coveragefor as many families as possible, Autism Speaks has urged in a letter cosigned by leadingMaryland advocacy groups.
The regulatory proposalwas developed by the Maryland Insurance Administration (MIA), which enforcesstate insurance law.The proposal resulted fromrecommendations presented by a task force which spent the past year hearing testimony on how coverage for autism therapies is routinely denied in Maryland because of the lack of clarity in existing law.
"As the (Maryland Insurance Administration) MIA finalizes these regulations, we ask that it carefully consider the real-world impact that the new rules will have on families in need of coverage," the groups wrote in a letter to the MIA. "Thousands of Marylanders stand to gain from these protections and we look forward to working with the MIA to insure that the regulations benefit as many Maryland families as possible."
Maryland is one of 16 states yet to enact autism insurance reform. Rather than push for enactment of a new law, however, advocates areworking to clarify existing habilitative services law by requiring ABA coverage for autism through regulation.
In addition to Autism Speaks, the letter was signed by state Senator Katherine Klausmeir, Pathfinders for Autism, the Autism Society's MontgomeryCounty, Howard CountyandBaltimore–Chesapeake chapters,The Shafer Center,the Jewish Community Relations Council of Greater Washington, and several parents.
Autism Speaksurged MIA to requirethat the level of habilitative servicesbe determined by medical necessity, rather than arbitrary age limits.
"As proposed, the regulation refers to up to 25 hours of habilitative services for children aged 18 months to 6 years, and up to 10 hours of habilitative services for those aged 6 to 19 years," the letter said. "We are concerned that these hourly references --which are included to prohibit carrier denials--will be interpreted as a fixed ceiling on coverage for habilitative services."
In addition the proposed hourly limits could appear to apply to all habilitative services, not just ABA. "This puts families in the difficult position of being forced to choose between critical benefits, such as speech therapy and physical therapy or ABA," the letter said.
The advocacy groups also urged the state to accept national certification for ABA providers rather than require that they obtain a Maryland license. Such licensure issues have delayed and frustratedthe implementation of autism insurance reform laws in other states, such as New York, Virginia and Rhode Island. In addition, the state was urged to clarify its definition of "habilitative services" to prevent potential delays and frustration when families file claims.
MIA willreview public commentson the proposalbefore issuing its final version of the regulatory change. A special legislative panel must then approve the change for the new coverage to become law.
Read the collaborative letter here
Bill extending 2011 law goes to Governor Brown
SACRAMENTO (September 6, 2013) -- The California Senate gave final legislative approval to a bill extending the state's autism insurance reform law, set to expire next summer, through 2016. The bill now goes to Governor Jerry Brown for his signature.
The measure, SB.126, was authored by Senate President pro Tem Darrell Steinberg (left) who authored the original 2011 law requiring state-regulated health plans to cover autism treatments, including applied behavior analysis (ABA).
According to Steinberg's office, the stateDepartment of Insurance estimates that over 12,500 Californians are receiving early autism treatment, saving taxpayersup to $200 million dollars a year in special education costs, which were previously funded by school districts or regional centers.
The bill originally would have extended the life of the law through2018, but was amended to provide for a new date of Jan. 1, 2017.
Award Ceiling: $4,000
The Aspen Institute Program on Philanthropy and Social Innovation (PSI) in Washington, DC, offers the William Randolph Hearst Endowed Fellowship three times annually. The fellowship, which is based on academic excellence and need, is open to both undergraduate and graduate students of color. The Hearst Fellow serves as an intern with PSI in the Washington, DC office of the Aspen Institute. Through this fellowship, PSI seeks to introduce a diverse group of students to issues and challenges affecting philanthropy, social enterprise, nonprofit organizations, and other actors in the social sector. Recipients may arrange with their colleges or universities to receive academic credit for this experience.
FOR IMMEDIATE RELEASE
CONTACT:Kaelan Richards: 202-973-7175,krichards@ucp.org
2013 WORLD CEREBRAL PALSY CHALLENGE BEGINS TODAY!
More than 1,500 participants commit to 10,000 steps a day to raise awareness and support for people with CP and other disabilities
Washington, DC (September 4, 2013)–United Cerebral Palsy (UCP)announced the launch of the second annual World Cerebral Palsy (CP) Challenge today, an international health and fitness event to raise awareness and support for people with cerebral palsy and other disabilities.
TheWorld CP Challengeis a month long campaign that encourages people to get active while supporting a great cause. Throughout September, more than 4,000 teams worldwide will challenge themselves to take 10,000 steps a day. Each of the steps—or bike rides, or yoga classes, or physical therapy sessions, as nearly any activity can be counted—will propel the teams up virtual mountains and track their progress. Teams can compare their progress against others from around the world, racing each other up the seven tallest mountains and spurring their efforts to new heights. And together, the teams will help to raise critical support for people with cerebral palsy and other disabilities.
Already, more than $50,000 has been raised in the U.S., and more than $500,000 internationally—but we still have a long way to go. Join the thousands of participants and World CP Challenge Ambassadors,Team Long Brothers, and help raise support for people with cerebral palsy and other disabilities today!Sign upis open throughWednesday, September 11. At the end of the month, the World CP Challenge will culminate onOctober 2withWorld Cerebral Palsy Day, a global innovation project to change the world for people with cerebral palsy
“UCP is very excited to kick off the second annual World Cerebral Palsy Challenge! This month promises to be an incredible, worldwide effort to raise awareness and support for people with cerebral palsy and other disabilities. The World CP Challenge is such a great way for anyone, regardless of ability, to get involved and make a real difference for people with disabilities,” said Stephen Bennett, President and CEO of UCP. “We look forward to seeing each team's progress throughout the month, and to finishing strong on World Cerebral Palsy Day onOctober 2. Good luck to everyone, and see you on the mountain!”
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About United Cerebral Palsy
United Cerebral Palsy (UCP) educates, advocates and provides support services through an affiliate network to ensure a life without limits for people with a spectrum of disabilities. Together with nearly 100 affiliates, UCP has a mission to advance the independence, productivity and full citizenship of people with disabilities by supporting more than 176,000 children and adults every day—one person at a time, one family at a time. UCP works to enact real change—to revolutionize care, raise standards of living and create opportunities—impacting the lives of millions living with disabilities. For more than 60 years, UCP has worked to ensure the inclusion of individuals with disabilities in every facet of society. Together, with parents and caregivers, UCP will continue to push for the social, legal and technological changes that increase accessibility and independence, allowing people with disabilities to dream their own dreams, for the next 60 years, and beyond. For more information, please visitwww.ucp.org.
The U.S. Food and Drug Administration offers important information about medical devices, products and medical procedures. Find information on safety procedures, treatment devices, therapy options, and research on medical devices like, hyperbaric oxygen therapy and obesity treatment devices.
The U.S. Department of Labor has announced two final rules to improve hiring and employment of veterans and for people with disabilities. One rule updates requirements under the Vietnam Era Veterans' Readjustment Assistance Act of 1974; the other updates those under Section 503 of the Rehabilitation Act of 1973. The new rules will ensure that qualified workers have more meaningful opportunities to find, secure and keep good jobs.
The U.S. Equal Employment Opportunity Commission has chargedHouse of Raeford Farms, Inc. with disability discrimination under the Americans with Disabilities Act. An employee at the Rose Hill, NC-based poultry processor was asked to work in a cold work environment. Due to her anemia, she requested a reasonable accommodation to work in a warm work environment. The company requested a doctor's notice and then fired her. It also allegedly disclosed the employee's disability to other co-workers.
The U.S. Equal Employment Opportunity Commission has chargedRandall Ford, a car dealership in Fort Smith, AR, with disability discrimination under the Americans with Disabilities Act(ADA). Ford allegedly violated the ADA when it refused to provide a reasonable accommodation to an employee following spinal surgery, and then fired him. The employee requested to use a company golf cart and help with test-driving vehicles. The lawsuit includes a court order preventing Ford from future discrimination.
TheJob Accommodation Network (JAN) now offers many fact sheets and other publications in Spanish. These documents describe how to accommodate people with many different types of physical and mental disabilities in the workplace. You'll also find information about the Americans with Disabilities Act and how to file a job discrimination complaint based on disability. JAN also has a comprehensive list of publications in English.
The U.S. Access Board will hold its next Open Question and Answer session onSeptember 4, 2013 from2:30 - 4 p.m. Eastern Time. Participants will be able to ask questions on any topic such as the Americans with Disabilities Act Accessibility Standard, the Architectural Barriers Act Accessibility Standard, Section 508, Medical Diagnostic Equipment, Public Rights of Way, or other Board rulemakings or activities. To be able to answer all questions organizers ask that participants submit their questions in advance.
Many people with learning disabilities (LD) struggle with expressing themselves in writing. This article gives parents and educators ideas to help students with LD to succeed in writing. Some tips include teaching a Self-Regulated Strategy Development for Writing, providing accommodations for additional time for writing assignments or tests, and using assistive technology, like software, to help students who have problems with handwriting. Learn more about these techniques and use the online checklist to find out if your student may have LD.
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CONTACT: Kaelan Richards: 202-973-7175, krichards@ucp.org
WORLD CP CHALLENGE ANNOUNCES TEAM LONG BROTHERS AS 2013 AMBASSADORS
Connor and Cayden, who has CP, compete as a team in triathlons
Washington, DC (August 30, 2013) – United Cerebral Palsy (UCP) is thrilled to announce that the Team Long Brothers, Connor and Cayden Long, will serve as the 2013 World Cerebral Palsy (CP) Challenge Ambassadors.
Connor, 10, and Cayden, 7, compete in triathlons and were named the 2012 Sports Illustrated SportsKids of the year— but they are more than just an active pair of brothers. Cayden has spastic cerebral palsy, and cannot walk or speak. Connor pushes Cayden in a stroller, pulls him in a raft and tows him behind his bicycle in each race. And along the way, this amazing duo has shown that anything is possible with the love and support of their friends and family. 14 triathlons later, Team Long Brothers has truly embodied their motto to “Keeping Rolling!”
Team Long Brothers' next competition is the World CP Challenge, four-week event to raise awareness and support for people with cerebral palsy and other disabilities. Beginning on September 4, teams from around the world will challenge themselves to take 10,000 steps a day— and nearly any activity, including biking, physical therapy and yoga, can be converted into steps on the World CP Challenge website. Last year, nearly 7,000 people worldwide participated in the challenge and raised an incredible $774,399. Team Long Brothers is committed to helping make this year an even bigger success!
“Our family is so honored to see the boys as the ambassadors for the Challenge, we hope that other families will see the importance of being active and healthy as much as we do, and the great thing about this challenge is anyone can take part and it will help families and individuals living with the everyday challenges of Cerebral palsy,” said the Long family. “So always remember to Keep Rolling!!”
“We are thrilled to have Team Long Brothers as ambassadors for the World CP Challenge. Their story shows that, with the support they need, anything is possible for people with disabilities,” said Stephen Bennett, President and CEO of UCP. “Connor and Cayden are an inspiration, and we look forward to watching their progress throughout the month—and hope we can keep up!”
For more information about the Long Brothers and their story, please visit their website, www.teamlongbrothers.org.
# # #
About United Cerebral Palsy
United Cerebral Palsy (UCP) educates, advocates and provides support services through an affiliate network to ensure a life without limits for people with a spectrum of disabilities. Together with nearly 100 affiliates, UCP has a mission to advance the independence, productivity and full citizenship of people with disabilities by supporting more than 176,000 children and adults every day—one person at a time, one family at a time. UCP works to enact real change—to revolutionize care, raise standards of living and create opportunities—impacting the lives of millions living with disabilities. For more than 60 years, UCP has worked to ensure the inclusion of individuals with disabilities in every facet of society. Together, with parents and caregivers, UCP will continue to push for the social, legal and technological changes that increase accessibility and independence, allowing people with disabilities to dream their own dreams, for the next 60 years, and beyond. For more information, please visit www.ucp.org.
Biden announces new policy that will require contractors to recruit, track hiring of workers with disabilities
HOUSTON (August 29, 2013) -- Contractors who bid on federal contracts funded by taxpayer dollars will have to step up their efforts to recruit workers with disabilities, under a new policy announced by Vice President Joe Biden. According to the Associated Press, federal contractorscurrently employabout 1 in every 5 U.S. workers.
Contractors will have to set a goal of employingpeople with disabilities as 7 percent of their workforce and track their progress in meeting the goal.The new policy, along withchanges in veterans hiring,was announced by Vice President Joe Biden while addressing the American Legion convention here.
Established by the U.S. Department of Labor (DOL), the new policy marks the first time the federal government has set a specific hiring goal for people with disabilities, and follows earlier requirements for minorities and women. While the new goal is not now enforceable, it will require contractors to recruit and track their progress in hiring disabled workers when they bid on federal contracts.
"In a competitive job market, employers need access to the best possible employees," said Secretary of Labor Thomas E. Perez. "These rules make it easier for employers to tap into a large, diverse pool of qualified candidates."
Disability groups that have monitored the issue cheered the policy change as a step forward.
Barbara Otto, CEO of Health & Disability Advocates, which manages Think Beyond the Label, said in a blog that her group had requested a 10 percent goal, but was satisfied with7 percent.
"For far too long, businesses have publicly stated their interest in hiring people with disabilities, but for a variety of reasons they have not acted on that interest," Otto said. "This ruling will provide further incentives for businesses to hire, and with proper guidance and enforcement, will facilitate the increased employment of qualified workers with disabilities.
"This is a great day for those who worked hard to advocate for stronger employment opportunities for people with disabilities," she said.
TheNational Organization on Disability said the new policy would elevate the "employment of people with disabilities – the nation's largest minority group," in a statement from its president, Carol Glazer.
“I feel confident in saying that the hurdles for employers will not be a difficult threshold," Glazer said. "And there are many organizations in the disability field who stand prepared to help companies meet these goals."
The new rule, which amends the Rehabilitation Act of 1972, will take effect 180 days after publication in the Federal Register. Specifically it willrequire federal contractors and subcontractors to:
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Establish the 7 percent goal in each of their job groups or, if they have fewer than 100 employess, their entire workforce. If they fall short of the goal during annual review, theywill have to establish "specific action-oriented programs" to redress problems
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Document the number of disabled workers who apply for jobs and who they hire
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Invite job applicants to self-identify any disabilities
- Allow access to their records by the DOL to check for compliance
Under agreement with state, insurer will also reimburse families for out-of-pocket costs
SACRAMENTO (August 29, 2013) -- As a result of enforcement action brought by the state of California, United HealthCare of California (UHC) has agreed to stop routinely denying claims for speech therapy and to reimburse its subscribers for out-of-pocket expenses. UHC reached the agreement througha settlement with the California Department of Managed Health Care (DMHC).
“The agreement ensures that UHC enrollees needing speech therapy will receive the care to which they are entitled to under the law,” said DMHC Director Brent Barnhart. “Enrollees will no longer have to pay out of pocket to receive medically necessary speech therapy services and can now seek reimbursement for past out of pocket expenses.”
The settlement is the second major action in California involving denials for autism-related services by private health plans. Earlier this month, Kaiser Permanenteagreed to settle a class action lawsuit by reimbursing families up to $9.3 million in claims for speech and applied behavior analysis (ABA) therapy.
UHC routinely denied claims for speech therapy, contending they were an educational rather than medical service. Following areview of consumer complaints, DMHC brought enforcement action agasinst UHC underCalifornia's Knox-Keene Act, which requires health plans tocover speech therapy whenever those services are medically necessary.
The settlement, which became effective August 23, requires UHC to notify all current subscribers in its November 2013 subscriber newsletter, as well as all affected former subscribers within 60 days, of their right to medically necessary speech therapy services. The noticewill explain how families canrequest reimbursement for past out-of-pocket expenses for speech therapy.
Subscribers and former subscribers must seekreimbursement beforeJuly 30, 2014.
Feds require "comparable" special education services for families who frequently relocate
WASHINGTON, DC (August 28, 2013) --In response to longstanding concerns raised bymilitary familiessubject tofrequent relocation,local school districts have been directed to providespecial education and related services for transferring military students that are "comparable"with what they received at theirprevious school.Anestimated 23,500 children in military familieshave autism.
The directive was issued as guidance by the U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSEP) for local school districts around the nation to understand their obligations under the federal IDEA Act and their responsibilities to satisfy the IEPs of "highly mobile students," such as those in military families, migrant familiesor foster care, or the homeless.
Military and other highly mobile students frequently face challenges with school districts and often have very little recourse due to ongoing relocation.Due process proceedings are time intensive and the family may be required to move again before any conflict can be resolved.
The OSEP guidance, issued in a letter to statespecial education directors, addressed three issues specific tospecial needs students who move frequently during their childhoods. "While these children often possess remarkable resilience, they also experience formidable challenges as they cope with frequent educational transitions," the OSEP letter said.
Gov. Kitzhaber conducts ceremonial signing of bill that made Oregon 34th state to enact reform
SALEM (Aug. 27, 2013) -- Governor John Kitzhaber conducted abill-signing ceremony in his office today with the Oregon autism community to celebrate the enactment of legislation that made Oregon the 34th state to enact autism insurance reform.
Sponsored by Sen. Alan Bates of Medford, the new law (SB.365) was approved unanimously by the Legislature and then officially signed August 14 by Kitzhaber. The enactment was celebrated publicly today with the bill-signing ceremony in the Governor's office. (Left: Autism Speaks Director of State Government Affairs Judith Ursitti looks on as Kitzhaber signs the bill.)
The law, which requires coverage of applied behavior analysis (ABA),will take effect in 2015 for public employees and 2016 for state-regulated health plans.Oregon joins Minnesota and the District of Columbia which also enacted autism insurance reform this year; similar efforts areunderway in Maryland and Ohio.
The new law establishes requirements for state-regulated health plans to approve and manage autism treatment, including ABA and any other medical or mental health services identified in an individualized treatment plan. To qualify,kids must begin treatment before age 9;up to 25 hours of ABA per week will be covered andcontinue for as long as medically necessary, regardless of age.
Existing Oregon laws require coverage of autism treatment for older patients and those seeking more than 25 hours of ABA per week.
A seven-member Behavior Analysis Regulatory Board will be created within the Oregon Health Licensing Agency to license providers.
The new law will also impact Medicaid coverage through the Oregon Health Plan. The Oregon Health Evidence Review Commission (HERC) is now reviewing ABA in order to update the state's prioritized list of health services covered through Medicaid. HERC began the study before the bill was signed by Kitzhaber.
Kitzhaber in July signed a related measure, SB.414, sponsored by Senator Chip Shields of Portland, which strengthens the enforcement powers of the state Insurance Division. The agency is now able to order health plans to pay restitution to consumers if they violate the law or their contracts. State regulators previously had very limited enforcement powers over the insurance industry which has an exemption under Oregon's anti-fraud laws.
The U.S. Equal Employment Opportunity Commission (EEOC) has chargedCooper University Health Care with disability discrimination under the Americans with Disabilities Act. Camden, NJ-based Cooper hasagreed to make policy changes to improve its reasonable accommodations for employees who must be absent from work due to serious medical conditions.
A recent study has found that children who have attention deficit/hyperactivity disorder (ADHD) are more likely to exhibit signs of autism. In this study, one out of five children showed some signs of autism, including slow language development, difficulty interacting with others and being able to control emotions. Children who have both ADHD and autism traits do not respond well to ADHD treatment. Treating symptoms of autism is needed before ADHD symptoms can be controlled.
The Department of Veterans Affairs is offering a free six-week online workshop called Building Better Caregivers. Small groups of 20-25 family caregivers can interact and work together to communicate about dementia, traumatic brain injury, post-traumatic stress disorder and other serious conditions. Contact aCaregiver Support Coordinator at your local VA Medical Center to participate.
The U.S. Department of Labor's Office of Disability Employment Policy has released its "Soft Skills to Pay the Bills" video series on DVD. The video series focuses on teaching "soft" or workforce readiness skills to youth, including youth with disabilities. This tool is for youth development professionals to help them introduce youth ages 14 to 21 to workplace interpersonal and professional skills in both in-school and out-of-school environments.
Court upholds federal agency's aggressive enforcement of Fair Housing Act
RICHMOND (August 26, 2013) -- An aggressive prosecution by the U.S. Department of Housing and Urban Development (HUD) against a West Virginia landlord it accused of discriminating against a prospective tenantbecause of hisautism has been upheld by a federal appeals court.
The case involved a Charleston, WV landlord whoimposed a series of conditions on a prospective tenant, Delores Walker,after she said her 48-year-old brother with "severe autism" would share the apartment.The landlord demanded that Walker obtain anote from her brother's doctor stating that he would not pose a liability threat, obtaina renter's insurance policy with $1 million in liability coverage, and assumeresponsibility for any damage Walker's brother might cause to the property.
The landlord, Michael Corey, told Walker he was imposing the conditions based on his prior observations of “children with autism . . . flailing their arms and hollering and screaming in outrage.”
Walker elected not to pursue the rental, but HUD took up the case, arguing Corey had violated the Fair Housing Act by discriminating on the basis of disability in his offer of the apartment. An administrative law judgefound for Corey, but HUD reversed the judge's recommendations and imposed fines on Corey.
Corey then appealed to the U.S. Fourth Circuit Court of Appeals. The three-judge federal appeals panel upheld HUD's actions and further increased the fines.
“Corey's arguments are unavailing," the appealscourt ruled. "For one, the fact that Ms. Walker disclosed her brother's disability does not excuse Corey's discriminatory responsive statements. Nor does it matter that Corey did not refuse to rent to the Walkers; the statute simply prohibits statements to renters that indicate a limitation based on disability, and Corey admits to making such statements."
Corey failed to showany objective, individualizedevidence thatWalker's brotherposed a direct threat to persons or property.The discriminatory conditions were imposed based "on unsubstantiated stereotypes about autistic people in general."
The Federal Communications Commission's (FCC)Accessibility & Innovation Initiative will featureDr. Yevgen Borodin as part of its ongoing Speaker Series on September 13, 2013 from 10 a.m. - 12 p.m. in Washington, DC. The presentation"Improving Accessibility for the General Public" will discuss Web accessibility. Demonstrations of accessible technology solutions will be held from 1 - 3 p.m. following the main presentation. A free webcast will be available for people who cannot attend in-person. Pre-register and request accommodations by email ataiispeaker@fcc.govto attend in person.
The U.S. Department of Housing and Urban Development (HUD) has charged Fifth Third Bank, Fifth Third Mortgage Company and Cranbrook Mortgage Corporation with violation of the Fair Housing Act.HUD alleges that the companies discriminated against a couple with disabilities who were trying to refinance their home mortgage. The lender and broker asked the couple to provide unnecessary medical documentation to qualify for a Federal Housing Administration loan.
The U.S. Department of Education has proposed regulations to transition away from academic assessments using the "2 percent rule". Currently, states can use scores for up to 2 percent of students using modified academic achievement standards as being proficient. Under the new rule, students with disabilities will transition to college and career ready standards that match standards used for all students. States would be given technical assistance as they transition from the 2 percent standard for assessments.
The U.S. Department of Justice has settled a lawsuit withMulti/Tech Engineering Services Inc. of Salem, OR for allegedly violating the Fair Housing Act. The engineering company designed an apartment complex with steps and other features that made it inaccessible to people with disabilities. Multi/Tech has agreed to take corrective actions to make the complex accessible, including removing steps from sidewalks, widening interior doorways and installing sloped curb ramps.
The Federal Communications Commission (FCC) adopted closed captioning rules in January 2012 for video programming delivered by Internet protocol and for equipment that consumers use to view video programming. The rules were required under theTwenty-First Century Communications and Video Accessibility Act of 2010. The FCC released a second notice of proposed rulemaking requesting comments on more closed captioning issues. The comment deadline, which was September 3, 2013, has been extended to November 4, 2013. This link opens in PDF format.
The U.S. Department of Justice has reached a temporary settlement agreement with the state of Texas to allow Texans with intellectual and developmental disabilities (I/DD) to live in their communities instead of nursing homes. The lawsuit alleges that Texas has not complied with the Americans with Disabilities Act and the Supreme Court's Olmstead v. L.C., which has led to the unnecessary institutionalization of people with I/DD.
In a research study, children with autism with average IQs consistently did better on math tests than children without autism in the same IQ range. All had average verbal and reading skills. Researchers believe that the superior math skills are the result of unique activity in the part of the brain involved in problem-solving abilities. Researchers believe that focusing on the strengths of children with autism can make a difference in their lives and in future job opportunities.
Bullying can leave lasting emotional scars on a kid. And the way teachers, parents and other adults respond to bullying can affect the way kids perceive and respond to it. Stopbullying.gov defines bullying behavior; identifies the warning signs of bullying and ways to prevent it; helps adults recognize kids who may be at risk; and provides information on how to respond to bullying when it happens.
ALBANY (August 15, 2013) -- The state Department of Financial Services has published its final emergency rule regarding licensure of practitioners of applied behavior analysis (ABA). The agency earlier this year was requiring ABA practitioners to obtain a state license to practice in New York, but has dropped that requirement by acceptingcertification through thenational Behavior Analyst Certification Board.
The licensure issue had frustrated implementation of the state's 2011 autism insurance reform laws by rendering the services of ABA practitioners ineligible for reimbursement.
The new regulations, published in the New York State Register,are here (starting on second page)
The U.S. Department of Labor's Office of Disability Employment in partnership with theNational Collaborative on Workforce and Disability for Youth will hold free professionaldevelopment training for partnering organizations in three communities. The sites selected will receive professional development and technical assistance to strengthen youth service professionals' abilities to work with youth, including those with disabilities. Download an application in Word format. Application deadline is August 31, 2013. For more information about this program contact Patricia Gill (gillp@iel.org, 202.822.8405 x 154) at the Institute for Educational Leadership.
Researchers have found that comprehensive mental health services, including diagnosis and treatment, should be part of emergency medical services after disasters. Mental health disorders are less obvious than physical injuries, but affect many victims following disasters. The availability of mental health services will help victims handle stress, depression and preexisting disorders.
Approved unanimously by Legislature, new law will require ABA coverage
SALEM (August 14, 2013) -- Governor John Kitzhaber today signed SB.365 into law, making Oregon the 34th state to enact autism insurance reform by requiring coverage of applied behavior analysis (ABA).
Sponsored by Sen. Alan Bates of Medford [pictured], the new law will take effect in 2015 for public employees and 2016 for state-regulated health plans.It was approved unanimously by the Legislature. Oregon joins Minnesota and the District of Columbia which also enacted autism insurance reform this year.
“Senator Bateshas demonstrated leadership on an issue of critical concern to thousands of Oregon families,” said Lorri Unumb, Esq, Autism Speaks vice president for state government affairs. “His leadership and perserverance through the years will bring relief to families who have struggled financially to provide essential therapies for their children with autism.
"We commend Governor Kitzhaber for working with the Legislature and stakeholders to produce this final legislation," she said.“With autism now affecting 1 in every 88 American children and on the rise,Oregon'spolitical leaders recognized that doing nothing in the face of an epidemic was no longer an option.”
The new law establishes requirements for state-regulated health plans to approve and manage autism treatment, including ABA and any other medical or mental health services identified in an individualized treatment plan.The law applies to kids who begin treatment before age 9, covering up to 25 hours of ABA per week, and continuing for as long as medically necessary regardless of age.
A seven-member Behavior Analysis Regulatory Board will be created within the Oregon Health Licensing Agency to license providers.
Existing Oregon laws requiring coverage of autism treatment continue to apply to older patients and those seeking more than 25 hours of ABA per week.
The new law will also impactMedicaid coverage through the Oregon Health Plan. The Oregon Health Evidence Review Commission (HERC) is required toreview ABA in order toupdate the state's prioritized list of health services covered through Medicaid.HERC began the studybefore the bill was signed by Kitzhaber.
The Oregon Health Plan must implement any new ABA services that HERC recommends by October 1, 2014, if new medical coding isn't required, and by April 1, 2015, if new coding is necessary.
ABA has been endorsed as an evidence-based treatment for autism by the American Medical Association, the American Academy of Pediatrics and the U.S. Surgeon General.
Kitzhaber in July signed a related measure, SB.414, sponsored by Senator Chip Shields of Portland, which strengthens the enforcement powers of the state Insurance Division. The agency is now able to order health plans to pay restitution to consumers if they violate the law or their contracts. State regulators previously had very limited enforcement powers over the insurance industry which has an exemption under Oregon's anti-fraud laws.
Veterans who were exposed to the herbicide Agent Orange while in the military and now have lung cancer may qualify for U.S. Department of Veterans Affairs (VA) health care and disability compensation. Learn more about Agent Orange and to see if you are eligible for benefits because of diseases associated with Agent Orange exposure.
The U.S. Equal Employment Opportunity Commission (EEOC) has suedOhioHealth Corporation, doing business as Riverside Methodist Hospital in Columbus, OH withdisability discrimination under the Americans with Disabilities Act. The hospital allegedly failed to provide a reasonable accommodationfor an employee diagnosed withnarcolepsyto work one of the open day shifts. Instead, the hospital put her on medical leave and then fired her.
The NYS Justice Center for the Protection of People with Special Needs was launched on June 30, 2013 to address abuse concerns in New York. The center is a law enforcement agency that protects the state's one million residents with disabilities. In its first month of operation, the center reported receiving over 7,200 reports to its 24-hour hotline. More than 1,300 of these neglect or abuse claims have required additional investigation.
Insurer settles class action suit claiming mental health parity law violations
LOS ANGELES (Aug. 12, 2013) -- California families denied coverage by Kaiser Permanente for applied behavior analysis (ABA) and speech therapy for their childrenwith autismbetween 2004 and 2012 can apply forup to $9.3 million reimbursement for their out-of-pocket expenses and debts, under a class action lawsuit settlement.
Kaiser agreed to set up the fund to settle the lawsuit, which was brought in state Superior Courton behalf of Andrew Arce of Los Angeles who was 2 years old when Kaiser denied claims for his ABA treatment. The settlement covers out-of-pocket expenses and debts incurredbetween April 8, 2004 and June 30, 2012 for children diagnosed with autism.
The lawsuit alleged thatKaiser improperly denied coverage for ABA and speech therapyfor children with autismunder the terms of its contracts and the California Mental Health Parity Act. The class action is one of several filed around the nation charging health plans with violating state mental health parity laws by denying claims on the basis of an autism diagnosis.
An explanation of the settlement is here
A copy of the claim form is here
Kansas City Star examines life in one of few remaing states that doesn't require autism coverage
KANSAS CITY (Aug. 12, 2013) -- The Kansas City Star offers a portrait of life in Kansas, one of just 17 remaining states yet to require insurance coverage for autism, though the experience of a family left without coverage for their daughter.
The Star reports that Kansas House Speaker Ray Merrick has vowed to get autism insurance reform through the Legislature whether or not the insurance industry is willing to compromise. In 2012, an autism insurance reform bill fell just a few votes short of passage in the Senate; this year, the bill never got a hearing.
“The gamesmanship has really been disheartening, to say the least, for parents who are essentially going bankrupt trying to pay for this out of pocket,” said Mike Wasmer, Autism Speaks' associate director for state government affairs and aKansas resident with a daughter on the autism spectrum.
Read the story here
The Workforce Recruitment Program (WRP) recruits college students and recent graduates with disabilities to work in the federal government. Up until 2013, more than 450 participants in the program were placed in federal jobs each year. However, in January of 2013, the Office of the Secretary of Defense decided to freeze program funding due to sequestration. It is not known if the WRP will be funded for the 2014 hiring season.
The U.S. Department of Justice has signed an agreement with thecity of Fort Morgan, CO,to improve access to public buildings, programs and sevices for individuals with disabilities. The agreement is part of Project Civic Access,the department's effort to make sure that counties, cities and towns comply with the Americans with Disabilities Act.The city will make the animal shelter, cemetery, city hall, library and museum, police department and airport accessible.
The National Disability Institute is accepting entries for its 3rd annual “My American Dream - Voices of Americans with Disabilities” video contest. Contestants with disabilities create a three-minute video telling their story and steps to achieving their American dream. Upload your video onto YouTube and email the URL, your name and phone number. One winner will receive $1,000, a digital tablet and sessions with a mentor. Submit entries by September 10, 2013.
The Health Insurance Marketplace will give you all the options available for health insurance in your area. You can compare plans based on price, benefits, quality and other features. It will also tell you if you qualify for Medicaidor theChildren's Health Insurance Program. While all insurance plans are offered by private companies, the Marketplace is run by either your state or the federal government. Open enrollment starts October 1, 2013.Coverage starts January 1, 2014.
A new report, "A Better Bottom Line: Employing People with Disabilities",outlines the National Governors Association's initiatives to increase employment among individuals with intellectual and other significant disabilities. It describes the role that state government and business can play in assisting and advancing opportunities for these individuals to be gainfully employed. The initiative will provide governors and state policymakers with strategies designed to support this population.
The U.S. Department of Justice has reached a settlement agreement with the city of Henderson, NV under the Americans with Disabilities Act (ADA). Individuals who are deaf complained that the city's police did not provide sign language interpreters and other aids and services for effective communication. One of the individuals had been arrested and the other was an alleged crime victim. The city has agreed to train its staff on the ADA.
Rep. Mike Doyle leads team to second highest fundraising total
WASHINGTON, DC (August 6, 2013) -- U.S. Representative Mike Doyle, a Democrat representing Pittsburgh, led his Bike to the Beach team on a 104-mile bike ride from Washington to Dewey Beach, DE, beating its fundraising goal of $25,000for Autism Speaks.
Doyle [center in Pirates' hat], who cofounded the Congressional Autism Caucus 12 years ago with Rep. Chris Smith (R-NJ), raised $27,708, the second highest totalduring the annual charity event. Doyle's team included his brother Pat, his son Kevin and nephew Cameron.
Bike to the Beach was created in 2007 as a non-profit to raise awareness of biking as a viable transportation alternative. The group chose autism as its fundraising cause andadditionalBike to the Beach events were created in New York and Boston.
Doyle and Smith have helped grow the Congressional Autism Caucus to180 Members of Congress from both parties. "Our caucus is dedicated to raising awareness about autism, providing a forum for policy discussions, promoting research funding, and developing legislative solutions to ease the burden of families affected by autism," Doyle said.
Initiative of Delaware Gov. Markell designed to raise awareness
MILWAUKEE (August 5, 2013) -- The National Governors Association (NGA) issued A Better Bottom Line: Employing People with Disabilities, an initiative by Delaware Gov. Jack Markell to raise awareness of the challenges faced by Americans with disabilities, including autism, in finding meaningful employment.
Markell chose the issue as hisinitiative during his one-yearterm asNGA chair. The report was issued shortly after the U.S. Department of Labor issued July employment data showing that, while unemployment overall dipped to 7.4 percent, the rate for those with disabilities rose from 14.2 percent to 14.7 percent.
“My initiative was designed to raise awareness about how the untapped talents of people with disabilities can contribute to a business's bottom line,”Markell said. “A Better Bottom Line: Employing People with Disabilities looks at ways both state government and businesses can partner to bring opportunities to individuals with disabilities in the competitive labor market.We're making strides on this front, but the work is far from over."
The report's"Blueprint for Governors" was issued at the NGA's summer meeting held here. It wascreated from a series ofevents and meetings held over the past 12 months and recommends practical stepsgovernors can take to advance employment opportunities for people with disabilities in their states.
The final report issued five action items specific to governors:
- Incorporatingdisability employment into astate's workforce development strategy
- Identifying and supportingbusinesses that employ people with disabilities
- Make state governmenta model employer by increasing the number of employees with disabilities
- Prepare youth with disabilities for working careers, providing employers with a pipeline of skilled workers
- Managelimited public resources to best advance employment opportunities for people with disabilities
The U.S. Equal Employment Opportunity Commission (EEOC) has chargedWeirton Medical Center with disability discrimination under the Americans with Disabilities Act(ADA). The Weirton, WV-based hospital refused to select a long-time employee for a vacant position because of his age and apparent isability. The employee had a back impairment at the time that he applied for the job. This type of conduct violates theAge Discrimination in Employment Act and the ADA.
The U.S. Equal Employment Opportunity Commission (EEOC) has chargedKyklos Bearing International, LLC (KBI) with disability discrimination under the Americans with Disabilities Act. The Cleveland, OH-based manufacturer allegedly fired an employee based on her status as a cancer survivor. KBI said it fired the employee because she had medical restrictions that limited her ability to lift, but her doctor had cleared her to work without any restrictions.
The Social Security Administration (SSA) has released a final rule to replace the term "mental retardation" with "intellectual disability" in its Listings of Impairments. SSA uses the listings toevaluate claims involving mental disorders in adults and children under the Social Security Act. This final rule will become effective September 3, 2013.
The U.S. Department of Justice has settled its lawsuit against the city of St. Peters, MO for allegedly violating the Fair Housing Act(FHA) and Title II of the Americans with Disabilities Act(ADA) when it denied a zoning request to operate a group home for four women with intellectual disabilities. Residents have the right to live in housing of their choice. The settlement requires the city to provide training on the FHA and ADA to city employees.
Veterans filing a FDC for service-connected disability compensation may be entitled to up to one-year of retroactive disability benefits. These retroactive benefits are in effect from August 6, 2013, through August 5, 2015. FDCs can be filed through the joint U.S. departments of Defense and Veterans Affairs online portal,eBenefits. Veterans who cannot file online should work with an accredited Veterans Service Organization that can file claims digitally for Veterans.
The U. S. Court of Appeals for the Fifth Circuit has reversed a trial court's decision in favor ofDynMcDermott Petroleum Operations Company (DM). The U.S. Equal Employment Opportunity Commission (EEOC) had sued DM for alleged discrimination for not hiring an applicant because he was older and his wife had cancer. The Fifth Circuit Court ruled in favor of the EEOC stating that the EEOC's claims were valid under the Americans with Disabilities Act and the Age Discrimination in Employment Act.
The U.S. Equal Employment Opportunity Commission (EEOC) has chargedMidwest Regional Medical Center of Oklahoma with disability discrimination under the Americans with Disabilities Act. The hospital offered an employee a leave of absence to undergo cancer treatment. The employee decided to keep working, but took two days off after getting sick from the treatment. The hospital then placed her on leave with a return date, but fired her before that date.
July 26 was the 23rd anniversary of the signing of the Americans with Disabilities Act and the U.S. Census Bureau has compiled this information about the number of people with disabilities in the U.S., where they live, how many are working, and more.
The U.S. Department of Justice has filed a lawsuit against Dr. Hal Brown and Primary Care of the Treasure Coast of Vero Beach, FLfor violating the Americans with Disabilities Act (ADA).The doctor and the practice allegedly refused to continue to treat a deaf couple after learning that they had filed a lawsuit against a hospital for not providing sign language interpreter services. It violates the ADA to retaliate against individuals exercising their rights under the law.
The U.S. Department of Health and Human Services (HHS) is celebrating the 48th anniversary of the signing of Medicare and Medicaid into law with new information showing a strong Medicare program. Under the Affordable Care Act, more than 6.6 million people with Medicare have saved over $7 billion on prescription drugs. Savings average $1,061 per person in the Medicare Part D "donut hole."Also, 16.5 million people have had at least one free preventive service in the first half of 2013.
Cuomo administration eliminates bureaucratic hurdle that frustrated 2011 autism insurance reform law
ALBANY (July 31, 2013) -- After months of pressure from the state's autism community and Legislature, the Cuomo administration has dropped a regulatory requirement that has blocked families from gaining the insurance coverage for applied behavior analysis(ABA) they were promised under New York's 2011 autism insurance reform law.
"The road is now clear for thousands of New York families to finallyaffordABA treatmentfor their children with autism," said Lorri Unumb, Autism Speaks vice president for state government affairs. "Autism Speaks commends Governor Cuomo and our legislative champions, Assemblyman Joe Morelle and Senator Chuck Fuschillo, for working with New York families toovercome this impasse."
ABA, an intensive one-on-onetreatment, can cost tens of thousands of dollars a year, a crushing financial burden for families in the absence of insurance coverage.
The issueinvolvedregulations issued last November just as the state's autism insurance reform law took effect.The state Department of Financial Services (DFS) required that ABA practitionersobtain a state license in order to qualify forinsurance reimbursement under the newlaw.New York has no ABA license.
Autism Speaks, through its Legal Resource Center,urged the state agency to drop the licensing requirement earlier this year, arguing it was in clear violation of the 2011 law whichspecifiedthat national certificationby the Behavior Analyst Certification Board (BACB)would be sufficient for ABA practitionersto provide services in New York.
When DFS proceeded with the regulations, Autism Speaks and other advocates, such as the New York State Association for Behavior Analysis(NYSABA) worked withMorelle and Fuschillo to introduce legislation creating a New York ABA license. The two lawmakersmanaged fast passage of the licensing bill through both houses of the Legislature in June.
With the licensing bill about to be presented to Governor Cuomo, DFS, which had continued working with Autism Speaks and other advocates,issued a new regulation making clear that BACB certification, as specified under the original 2011 law, would now be sufficient. The new regulations took immediate effect, enabling families with state-regulated health insurance coverage to now access affordable ABA care for their children with autism.
A recent study in “The Lancet Diabetes and Endocrinology” finds that people with diabetes face more than a 50 percent higher risk of disability than people without the disease. The odds of someone with diabetes having a mobility disability, such as trouble walking, were 71 percent higher than for someone without diabetes. The study highlights the importance of focusing on disease prevention, early diagnosis and treatment of diabetes.
U.S. Department of Health and Human Services Secretary Kathleen Sebelius' statement on the 23rd anniversary of theAmericans with Disabilities Act (ADA)highlights the progress made in removing barriers for people with disabilities. People with disabilities are living independently in their communities, and have better access to education, employment, housing, public transportation and health care. In 2014, the Affordable Care Act will make it illegal for insurance companies to deny health coverage to people with pre-existing conditions.
U.S. Assistant Secretary for Disability Employment Policy Kathleen Martinez visited with staff and students on July 19, 2013 at the Perkins School for the Blind in Watertown, MA. Martinez, who has been blind since birth, heads the U.S. Department of Labor's Office of Disability Employment Policy which helps shape policy on employment issues for people with disabilities.
The U.S. Department of Justice, as part of its Barrier-Free Health Care Initiative,has settled withBarix Clinics under the Americans with Disabilities Act (ADA). The clinics allegedly discriminated against two individuals with HIV, one at itsLanghorne, PA facility and one at itsYpsilanti, MI facility, by denying them bariatric surgery. Barix has agreed to train its staff on the ADA and begin an anti-discrimination policy.
The U.S. Department of Justice has filed a lawsuit against the state of Florida for allegedly violating the Americans with Disabilities Act (ADA). Under Florida's service system, children with significant medical needs are provided services in nursing facilities when they could be served in their family's homes or in community settings. The ADA and the Supreme Court's decision inOlmstead v. L.C.requires states to stop unnecessary segregation of persons with disabilities.
The Federal Communications Commission (FCC) commemorates the 23rd anniversary of the Americans with Disabilities Actby highlighting its own efforts to carry out the accessibility provisions of the Communications Act. President Barack Obama signed the Twenty-first Century Communications and Video Accessibility Act (CVAA) into law on October 8, 2010. The CVAA makes sure that people with disabilities have equal access to Internet communication and video programming technologies of the 21st century.
Proclamation by President Barack Obama on the 23rd anniversary of the Americans with Disabilities Act (ADA). The ADA protects the rights of Americans with disabilities and breaks down barriers to provide more opportunities for people with disabilities in their community, at work and where they live. The Administration is working hard to level the playing field for Americans with disabilities byrecruiting, hiring and retaining workers with disabilities.
The National Council on Disability's new report "A Promising Start: Preliminary Analysis of Court Decisions Under the ADA Amendments Act,"reviews the court decisions that have been made under the ADA Amendments Act of 2008. The report shows that there have been significant improvements in how courts are interpreting protections under the ADA.
FOR IMMEDIATE RELEASE
CONTACT:
Kaelan Richards: 202-973-7175, krichards@ucp.org
UCP CELEBRATES ANNIVERSARY OF AMERICANS WITH DISABILITIES ACT
Landmark legislation signed into law 23 years ago
Washington, DC (July 26, 2013) – United Cerebral Palsy (UCP) released the following statement today in observance of the 23rd anniversary of the signing of the Americans with Disabilities Act (ADA), into law. This landmark piece of legislation stated that all Americans, regardless of ability, were afforded the same access rights.
“The signing of the Americans with Disabilities Act was a tremendous step forward for all Americans, and particularly for the disability community, but there is still much progress to be made in achieving the equality in access the law guarantees. In areas such as education, health care and employment, United Cerebral Palsy and many others in the disability community are still working to ensure that Americans with disabilities have the supports, services and access they need,” said Stephen Bennett, President and CEO of UCP. “And so today, twenty-three years after the ADA made history, we urge everyone to keep fighting, advocating and pushing for the fair and full citizenship for people with disabilities.”
Learn more about UCP and how we are working to ensure a life without limits for people with disabilities, and join the conversation on Facebook and Twitter.
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About United Cerebral Palsy
United Cerebral Palsy (UCP) educates, advocates and provides support services through an affiliate network to ensure a life without limits for people with a spectrum of disabilities. Together with nearly 100 affiliates, UCP has a mission to advance the independence, productivity and full citizenship of people with disabilities by supporting more than 176,000 children and adults every day—one person at a time, one family at a time. UCP works to enact real change—to revolutionize care, raise standards of living and create opportunities—impacting the lives of millions living with disabilities. For more than 60 years, UCP has worked to ensure the inclusion of individuals with disabilities in every facet of society. Together, with parents and caregivers, UCP will continue to push for the social, legal and technological changes that increase accessibility and independence, allowing people with disabilities to dream their own dreams, for the next 60 years, and beyond. For more information, please visit www.ucp.org.
TRICARE coverage for active and non-active members is reviewed
WASHINGTON, DC (July 26, 2013) --TRICARE, the healthcare program for military families, yesterday launched itspilot program to improve and expand its coverage of applied behavior analysis (ABA) for non-active personnel. Autism Speaks has analyzed the new program based on available information, and how all military personnel --active and non-active duty--may be impacted.
Here is our summary:
Last year Congress directed TRICARE to launch an ABApilot program to improve and expand its coverage for non-active personnel. TRICARE published its ABA Pilot policy last month for non-active duty family members -- but along with it came significant and drastic changes to existing ABA coverage for all beneficiaries with autism, including active duty military families.
Last week, TRICARE stepped back, but not away, from this ill-conceived change in the policy for ABA. After a tremendous outcry from military families, service providers, and advocacy organizations, Dr. Jonathan Woodson, assistant secretary of defense for health affairs and director of the TRICARE Management Activity, assured military families that services under the TRICARE Basic program and the Enhanced Access to Autism Services Demonstration (ECHO Autism Demonstration) will not change.
As of this writing, however, the new policy itself has not been modified. Oursummary here is based on Woodson's verbal assurances that the ECHO Autism Demonstration and the TRICARE Basic Program will not change.We will update the summary as developments warrant – please check back.
Autism Speaks, meanwhile,remains concerned about the ABA Pilot for non-active duty family members. Specifically, these issues need to be addressed:
- by requiring specific psychometric testing, including the Autism Diagnostic Observation Schedule, 2nd Edition (ADOS-2), as a baseline measure before services can be provided, access to treatment for children may be delayed, possibly for several months
- by using the Vineland Adaptive Behavior Scales, 2nd Edition (Vineland-II), to confirm progress in treatment – a function for which the test has not been validated – needed care could be denied to children who could benefit from ABA
- arbitrary age and duration limits
- discharge criteria
- proper coverage of Assistant Behavior Analysts
TRICARE should fix these and other defects the right way – by working with families and other stakeholders as partners.
Summer heat can be especially dangerous for older people and those with chronic health conditions. Learn the signs of heat-related illnesses and what steps to take to avoid them.
The U.S. Department of Justice has reached a settlement with Louisiana Tech University and the Board of Supervisors for the University of Louisiana System over alleged violations of the Americans with Disabilities Act (ADA). The university allegedly violated the ADA by using an online learning product that was inaccessible to a blind student who ended up falling behind and dropping the course. The university has agreed to make its learning products accessible.
The U.S. Department of Justice and the state of New York have entered into a settlement agreement under the Americans with Disabilities Act (ADA). Under the agreement, New York will offer supported housing to people with mental illness currently living in institutional, segregated settings. The Supreme Court's Olmstead v. L.C. decision states that people with disabilities have a civil right under the ADA to receive services in the most integrated setting suitable to their needs.
This study from the HSC Foundation used telephone and online survey data of people in the disability community to measure political engagement in the disability community. The survey found that people with disabilities and chronic conditions are as politically diverse as the general population. People with disabilities also vote in higher numbers and support candidates that support strengthening services for those with a disability. This link opens a PDF file.
Twenty-three years ago this week our nation established a comprehensive mandate to eliminate discrimination against people with disabilities by enacting the Americans with Disabilities Act (ADA). The Department of Justice is proud to play a critical role in enforcing the ADA and opening up the gateways to full participation and opportunity for people with disabilities.
Joins 33 states that now require coverage of ABA, other therapies
WASHINGTON, DC (June 4, 2013) --District of Columbia Mayor Vincent Gray has signed an insurance reform billrequiring coverage for applied behavior analysis (ABA) for autism through small group and individual policies starting next year.The District joins 33 states that have enacted autism insurance reform with a 34th state, Oregon, expected to follow shortly.
The new law amends the District's American Health Benefit Exchange that starts operation in 2014under the Affordable Care Act. One of the changes is a requirement that all small group and individual plans cover habilitative services, including "applied behavior analysis for the treatment of autism spectrum disorder."
Small groups are employer health plans with fewer than 50 members.
Gray submitted the amendments to the District Councilin the Better Prices, Better Quality, Better Choices for Health Coverage Act of 2013.The changes, including ABA coverage, were recommended by the District of Columbia Health Benefit Exchange Authority in March.
All individual and new small group health plans sold in the District starting in 2014 will have to operate through thenew health benefit exchange. Existing small group plans will be required to provide the Exchange's benefits in 2014, then operate through the Exchange in 2015.
Minnesota last month became the 33rd state to enact autism insurance reform and the Oregon legislature has sent Gov. John Kitzhaber a bill that would make that state the 34th to enact reform.
'Doing miracles' say some, others call it a 'dead end'
SALT LAKE CITY (July 21, 2013) -- In a series of interviews with Utah parents, The Salt Lake Tribune has found mixed reviews for the state's autism treatment pilot program. The Legislature created the Medicaid program to provide applied behavior analysis (ABA) treatment for up to 300 children with autism chosen through a lottery, rather than enact legislation requiring state-regulated health insurers to cover the therapy.
In "Free autism treatment 'doing miracles' for some rural Utahns," the Tribune profiled Owen Kartchner, a three-year-old with autism with autism who lives with his parents ina remote section of southeastern Utah.Owen'sdiagnosis and the ABA pilot program are "doing miracles,"said his mother, Robyn Kartchner.
"We have to be realistic," Kartchner said, referring to their life in a remote area. "We have this great opportunity, and I'm going to do as much as I can to make it successful."
Other families, however, cited less positive experiences in "Utah families question quality of care in autism experiment."
Jason Kava, a single dad caring for his three-year-old son with autism, JJ, said he was dropped by the ABA service provider after he questioned the quality of its care. He said the provider used inexperienced, unsupervisedtherapists, one of whom drove JJ 30 miles to her house without informing Kava.
Another parent, Angela Vasquez, said she fired her provider thenput together her own plan for her daughter by downloading materials from the Internet.Thein-home tutor, Vasquez said,took personal phone calls, often left early or called in sick.
Families meet in Virginia Beach to petition Congress for better TRICARE coverage
VIRGINIA BEACH, VA (July 21, 2013) -- Military families gathered in Virginia Beach over the weekend to start a petition drive urging Congress to require better insurance coverage for applied behavior analysis (ABA) treatment for autism. WAVY, the NBC affiliate in Hampton Roads, VA, reported on the rally.
The rally was in response to new policies announced by TRICARE imposing restrictions to ABA care under a pilot program for retired and non-active personnel. The policies, which take effect July 25, originally would have applied to all TRICARE coverage, including the ECHO program for active duty members, but was revised after an uproar from military families and members of Congress.
Legislation that would have required ABA coverage for all military members passed both houses of Congress last year, but was amended down to the pilot program in conference committee. Similar legislation this year has passed the House and awaits action in the Senate.
Military health care plan drops changes for active duty members
WASHINGTON, DC (July 18, 2013) -- The Department of Defense announced today it's new restrictions on applied behavior analysis (ABA) for the nation's 23,000 militarykids with autism will not be applied to active duty members covered under the ECHO program or TRICARE Basic. The changes will apply only to a pilot program for the families of non-active and retired personnel.
The proposed changes, scheduled to take effect July 25, aroused a storm of protest from military families and led U.S. Senators Kirsten Gillibrand (D-NY), Patty Murray (D-WA) and Mark Warner (D-VA) to demand answers from the Pentagon.
The proposed policy changes would have requiredparents to arrange standardized testing every six months for their children in order to continue receiving care, and demonstrate "measurable progress." Continued care after two years of therapy and after age 16 would require a waiver, and new discharge criteria would be put in place.
"Beginning July 25, 2013, the Department is greatly expanding services available to non-active duty family members with introduction of the ABA Pilot," TRICARE announced. "The pilot will provide non-active duty family members, including retirees, with access to additional areas of ABA reinforcement."
TRICARE was orderedby Congress last year to start the ABA pilot program within 90 days, but the launch has been delayed for months.
"There are no changes in the TRICARE Basic program or the Extended Care Health Option (ECHO) Autism Services Demonstration providing ABA to active duty family members," the DoD announced.
Earlier this week, a U.S. Air Force officer asked Defense Secretary Chuck Hagel at Fort Bragg about the policy changes. See the exchange below:
The U.S. Equal Employment Opportunity Commission (EEOC) has chargedMPW Industrial Services of Philadelphia, PA with disability discrimination under the Americans with Disabilities Act. A new employee to the company revealed that he has animplanted Transcutaneous Electrical Nerve Stimulation (TENS) unit in his lower back for his back impairment. Shortly afterwards, the company allegedly fired the employee because it could not guarantee a place for him to charge his TENS unit.
Virginia Senator asks TRICARE to explain rationale behind changes
WASHINGTON, DC (July 17, 2013) -- U.S. Senator Mark Warner of Virginia has added his voice to the protest over changes proposed by TRICARE to its coverage for applied behavior analysis (ABA) for military kids, issuing a letter to the military's health insurer to explain changes scheduled to take effect July 25. Military families in Virginia Beach, meanwhile, are planning a rally against the changes this Sunday.
"After hearing from many of my constituents, I believe that this decision will delay and interrupt direct services for thousands of military children, making it harder for families to care for their children," Warner wrotein a July 17 letter to TRICARE Director Dr. Jonathan Woodson. "This new policy has the potential to put thousands of military children with development disabilities at risk of losing critical behavioral treatment and care."
Under the proposed policy changes, parents would have to arrange standardized testing every 6 months for their children in order to continue receiving care, and demonstrate "measurable progress." Continued care after two years of therapy and after age 16 would require a waiver, and new discharge criteria would be put in place.
In addition to Warner,Senators Kristen Gillibrand (D-NY) and Patty Murray (D-WA)haveasked foranswers from TRICARE.
Meanwhile, military families from across the nation continue to raise their voices in the media over the changes and the potentially harmful effects on their children with autism. An estimated 23,000 military dependents have autism.
In Virginia Beach, families are planning a demonstration against TRICARE this Sunday (July 21) at 1535 Amberly Forest Road in Virginia Beach. Similar reports have come out of Elgin Air Force Base in Pensacola, Fl., San Diego, Kingsland, GA, andColorado Springs.
Media coverage shows military families frustrated with TRICARE proposals
WASHINGTON, DC (July 16, 2013) -- Military families from around the nation are raising their voices overpolicy changesproposed by TRICARE, the military health insurance plan, that would restrict their access to applied behavior analysis (ABA)therapy for their children with autism. The changes, whichwould take effect July 25, have already drawn a protest from U.S. Senators Patty Murray (D-WA) and Kirsten Gillibrand (D-NY).
"Military families deserve better," Karen Driscoll, Autism Speaks' associate director for federal government affairs and military relations, told Stars and Stripes. The article noted Autism Speaks' ongoing efforts with Congress and TRICARE to improve coverage for the nation's 23,000 military kids with autism.
"It's as if someone in Tricare who doesn't understand autism wrote this policy,"Jeremy Hilton, a veteran and Air Force spousewhose daughter has autism, toldMilitary.com.The online news site said TRICARE's Facebook page "exploded" with questions from concerned parents and that customer service representatives were unable to answer or responded inaccurately to phone requests for information.
Under theproposed policy changes, parents would have to arrangestandardized testing every 6 months for their children in order to continue receiving care, and demonstrate"measurable progress." Continued care after two years of therapy and after age 16 would require a waiver, and new discharge criteria would be put in place.
Kathryn Sneed, whose husband is stationed at Robins Air Force Base in Georgia, called the requirement to have their three-year-old son with autism re-evaluated every six months "ridiculous." Sneed said she is concerned they will have to drive two hours to Atlanta to find the specialists required to perform the proposed testing.
At Fort Stewart, a U.S. Army installation also in Georgia, families whose children receive ABA therapy posed for a group picture andmessage that they represent "just a fraction"of the military families at risk of being impacted by the changes.
WVEC in Norfolk, VA reported on the controversy, and in Seattle, military spouse Dena Radclifferaised concerns over how the changes would affect her three-old-son with autism in an interview with KING 5 News.
The threat of losing her son's ABA coverage, she said, would feel "like I'm losing the ability to connect, in a way, with my child.”
Staffmark Investment LLC has settled a disability discrimination lawsuit with the U.S. Equal Employment Opportunity Commission (EEOC) for violating the Americans with Disabilities Act. Staffmark assigned an employee to temporary work at a facility in Romeoville, IL to inspect televisions. The employee was soon removed from her position and terminated because the facility managers did not want anyone to bump into her. The EEOC alleged that the employee was told she'd be given another position, but this never happened.
The National Council on Disability honors the life of Michael Winter, a long-time disability advocate and employee of the U.S. Department of Transportation (DOT) who passed away on July 11, 2013. He was born in 1951 withosteogenesis imperfecta and was a lifetime wheelchair user. He became a strong advocate for accessible transportation. AT DOT, he wasresponsible for federal civil rights responsibilities as they applied to the Americans with Disabilities Act, the Rehabilitation Act and other issues.
The National Spinal Cord Injury Association will host free webinars in July. Disaster Preparedness for People with Disabilitieswill be held on July 16, 2013. The Americans with Disabilities Act & It's Impact on Civil Rights (ADA) will be on July 25, 2013. Both are from 3 - 4 p.m. Eastern Time. Register by clicking on the title link for each webinar.
The National Research and Training Center for Personal Assistance Services (PAS) will hold a free webinar as part of its emergency preparedness project. “Emergency Preparedness in PAS Users” will be held on July 23, 2013, from 2 – 3 p.m. Eastern Time. This session will present the results of an online survey and follow-up interviews with individuals who lived through an emergency or disaster that required evacuation or shelter in place. Sign in before start time.
The U.S. Department of Justice has settled a lawsuit against Erie County, NY for violating the Americans with Disabilities Act (ADA) by discriminating against an employee with a vision impairment. The county allegedly refused to promote an employee with monocular vision because he did not have a commercial driver's license, even though other employees without a commercial driver's license had been promoted.The county is required to provide ADA training to its staff.
The U.S. Equal Employment Opportunity Commission has chargedMidcontinent Independent Transmission System Operator with disability discrimination under the Americans with Disabilities Act (ADA). An employee at the Carmel, IN office had postpartum depression and requested a reasonable accommodation of leave. Her request was denied and she was then fired her for lack of attendance. The company has agreed to train its employees on the obligations under the ADA.
The U.S. Access Board has released new guidance on how to makeprescription drug container labels accessible to people with vision impairments or who are elderly. The information on drug container labels is often inaccessible to people who can't read print or small type, including dosage, side effects and expiration dates. The guidance covers different ways of making labels accessible, including Braille, large print, auditory technologies such as "talking bottles" and radio frequency identification tags.
Modeled after Amber Alert, program protects adults with development disabilities who go missing
JUNEAU (July 12, 2013) -- Alaska has enacted a law adopting the "Silver Alert" rapid response and notification system that can be activated when vulnerable adults, including those withdevelopmental disabilities, go missing.
Sponsored by Rep. Max Gruenberg and Sen. Johnny Ellis, the new law makes Alaska the 39th stateto adopt the "Silver Alert" system which is modeled after the "Amber Alert:" system for missing children.In addition to adults with developmental disabilities, the law's protections would apply tosenior citizens with dementia,veterans suffering from PTSD, and other disabled adults.
Gruenberg said Alaska has a particular need for a “Silver Alert” program because of the state's harsh weather and vast wilderness, coupled with its large number of active military members and veterans, as well as a growing senior population. TheAlaska Department of Public Safety, in cooperation with the Department of Military and Veterans' Affairs, will design the program to enlist the voluntary cooperation of media outlets in notifying the public of missing vulnerable adults through television, radio, and social media.
Senators Gillibrand, Murray question new TRICARE restrictions
WASHINGTON, DC (July 11, 2013) -- In a strongly worded letter to the Department of Defense, U.S. Senators Kirsten Gillibrand (D-NY) and Patty Murray (D-WA) demanded to know the reasoning behindnew policy changes that severely restrict access to applied behavior analysis (ABA) for the nation's 23,000 military kids with autism.
"The apparent lack of understanding of the needs of children with developmental disability, including autism,...is astounding," the Senatorswrote in their letter to Dr. Jonathan Woodson, director of TRICARE, the military health insurance program. Gillibrand [below] and Murray [right] expressed "complete frustration and dismay" with the policy changes which became public in late June.
Murray chairs the Senate Veterans Affairs Committee; Gillibrand chairs the Senate Armed Services' personnel subcommittee.
"Given the impact family health care plays on military readiness, it is essential military families have assurances of continued health care. Policies inconsistent with good clinical practice only serve to limit, restrict, delay, and deny care," the letter continued. "Before these new policies are in effect, we strongly urge you to consult with experts in developmental disabilities such as autism and ABA treatment practices."
The Senators were responding to policy guidance issued on June 25 by TRICARE affecting ABA coverage for all TRICARE-eligible beneficiaries.The changes are scheduled to take effect July 25.
TRICARE will now require:
- standardized testing every 6 months in order to continue receiving care
- evidence of "measurable progress" as indicated by standardized testing results to receive continued therapy
- waivers to continue care beyond two years of treatment and after age 16
- new discharge criteria for failure to make progress, sustainable gains, or a parent's inability to participate in the treatment
The new policies require the use of psychometric testing (VBS-II every 6 months; ADOS-2 annually) to showprogress in order to continue receiving ABA. Gillibrand and Murray questioned whether those tests are valid or reliable for measuring progress with ABA and directed TRICARE to cite the authoritythey used to require them.
Imposing that condition to continue receiving care "is a significant shift in how TRICARE covers all other medical services," the Senators said. "Military children with developmental disabilities, such as autism, often experience periods of regression due to life events (such as deployment, relocation, change in school, change in medications, etc.).
"Coming back from those periods of regression often takes significant time and effort (months and sometimes years), and sometimes progress may be simply the absence of regression," they continued. "During these challenging times of need, discharging an individual from care is inappropriate and will have longlasting results on patient outcomes."
The Senators also directed TRICARE to identify any other chronic health condition thatrequires standardized testing to authorize care or evidence of progress in order to continue receiving coverage underits policies. TRICARE wasdirected to explain why it will require parents year after year to obtainnew assessmentsreconfirming their child's existing autism diagnosis.
“Autism Speaks commends Senators Gillibrand and Murray for their commitment to the thousands of military families raising kids with autism and other developmental disabilities,” said Karen Driscoll, Autism Speaks' associate director for federal government affairs and military relations.“Access to consistent healthcare services is essential to the physical and mental well-being of our military families.We greatly appreciate their leadership to ensure TRICARE policies provide the care our military families have earned and deserve.”
GM voluntarily offers benefits nationwide, Chrysler pilots plan in Michigan
DETROIT (July 11, 2013) -- GM and Chrysler have begun to voluntarily offer expanded health insurance benefits for autism, including applied behavior analysis (ABA), to their employees and efforts are underway to convince Fordto also improve its coverage. GMoffers the benefits nationally; Chryslerhas begun by offering benefits to its Michigan-based workforce.
Information regarding foreign automakers operating US manufacturing facilities was not readily available.
The Autism Alliance of Michigan, which helped enact the state's 2012 autisminsurance reform law, worked to recruit the automakers to voluntarily offer autism benefits and is educating other employers in the state which self-insure their health plans to do the same, said Colleen Allen, PhD, the alliance president and CEO.
Employers that self-insure their health plans are governed under federal law (ERISA), which does not require autism coverages,and therefore are exempt from state autism insurance reform laws. Increasing numbers of ERISA employers, however,are voluntarily offering autism benefits, often following the enactment of state autism insurance reform laws.
GM on July 1 began offering autism coverage to its active salaried employees nationwide for children through the age of 18. The benefits include ABA; speech, physical and occupational therapy; nutritional counseling; and other mental health and medical services.
Chrysler launched a one-year pilot programfor its Michigan-based workforce on July 1. Salaried employees who reside in Michigan are eligible for ABA coverage for their dependents through 2014. In addition, coverage for speech, physical and occupational therapy was expanded for dependents with autism through age 6.
Under the Michigan autism reimbursement law enacted as part of last year'spackage of reform bills, both GM and Chrysler will be reimbursed by the state for the costs of covering all employees who are Michigan residents.
According to U.S. Bureau of Labor Statistics data for June, the automotive industry employs 806,000 workers in vehicle and parts manufacturing nationally, up 40,000 from June 2012. Michigan had the largest state share with 148,000 workers, up about 4,500 from a year ago.
A study on attention deficit hyperactivity disorder by The National Institute of Mental Health (NIMH) has found that pre-school children diagnosed with ADHD tend to have the disorder throughout childhood. The study also found that a treatment with low doses of Ritalin was effective on children over the short term, but that more research is needed on medication effects over the long term.
U.S. Department of Health and Human Services Secretary Kathleen Sebelius has announced $150 million in grants to 1,159 health centers nationwide to enroll uninsured Americans in new health coverage options under the Affordable Care Act. Consumers will get help understandingtheir coverage options through the new Health Insurance Marketplace, Medicaid and the Children's Health Insurance Program and enrollment in the best plan that fits their needs. Find a health center near you.
The Smithsonian Institution has a Web exhibit of the history of people with disabilities in America shown through photos. From the 1800s through the present day, these photos of people, places and technology show that people with disabilities have always been an important part of American life. You can download and print disability history posters for classrooms, offices, dorms or presentations.
The National Council on Disability (NCD) will hold“Five Years Later - The Americans with Disabilities Act (ADA) Amendments Act of 2008: Impact on Disability Discrimination” on July 23, 2013 from 1 - 2:30 p.m. in Washington, DC. The event will celebrate the ADA and the fifth year following passage of the ADA Amendments Act (ADAAA) with remarks by congressional, civil rights and business community champions of the ADAAA.
State agency, workers agree to create fund to reimburse out-of-pocket costs wrongfully denied under mental health parity law
SEATTLE (July 9, 2013) -- Washington State employees whose insurance claims for applied behavior analysis (ABA) for their children with autism were wrongfully denied may soon be eligible for$3.5 million in reimbursement.
In aclass action suit brought on behalf of all Washington state workers, the plaintiffs and the Washington State Health Care Authority(HCA) have announced they have agreed to a preliminary settlementcreating a special fund to reimburse familiies for their out-of-pocket ABA expenses.
King County Superior Court Judge Susan Craighead has scheduled a Sept. 5 hearing to finalize the settlement.A $3.5 million commonfund would be created for current and former state workers enrolled in the Uniform Medical Plan to seek reimbursement for their out-of-pocket expenses for ABAfrom January 1, 2006 through December 31, 2012.
Craighead ruled last year that HCA had wrongfully deniedABA benefits underthe state's 2006 mental health parity law.
“This settlement will enable hundreds of Washington families to obtain reimbursement for the ABA therapy that they provided for their children, since the Washington Mental Health Parity Act took effect,” said Arzu Forough [left], parent of two named plaintiffs and chief executive officer of the Washington Autism Alliance & Advocacy.
“Many families went into debt, liquidated their pensions, or gave up paying for other important basic needs, just to ensure that their children with autism received this essential therapy," she said. "We hope that this fund will be an example for other insurers as to the right way to redress improper insurance company exclusions of ABA therapy.”
Craighead originally ruled for the families in July 2012, resultingin a partial settlement requiring coverage of medically necessary ABA therapy to treat autism.
“I am pleased that the Health Care Authority was able to respond positively and make this important ABA benefit available to 200,000 Uniform Medical Plan members as well as 1.2 million Medicaid clients,” said HCA Director Dorothy Teeter.“Thousands of Washington families dealing with autism will benefit from these changes.”
The Medicaid settlement is being handled separately by another court.The HCA class action isone of seven pending class action lawsuits over Washington insurers' limitations or exclusions of autism treatment, including lawsuits against Premera Blue Cross, Regence Blue Shield, and Group Health Cooperative.
First bill on way to Governor, others nearing final action
SACRAMENTO (July 9, 2013) -- The California Legislature has sent one autism bill to Governor Jerry Brown for his signature and moved seven others towards final passage. Six of the bills were recommended by the Autism DiversityTask Force created last year by Senate President pro Tem Darrell Steinberg.
Autism Speaks is sponsoring one of the bills, SB.126, which would extend California's 2011 autism insurance reform law, due to expire next summer, until 2019. Sponsored by Steinberg, the bill has been approved by the Senate 37-0 and the Assembly Health Committee 18-0, and is now before the Assembly Appropriations Committee.
The bill sent to Brown, AB.1232, would require the state Department of Developmental Services (DDS) to account forissues of diversity and equity when assessing the quality of services provided by regional centers. The bill is sponsored by Assemblyman V. Manuel Perez.
The bill is one of six that emerged from the task force, which was co-chaired by advocate Areva Martin [left], co-founder of the Special Needs Network,andSergio Aguilar-Gaxiola, M.D., Ph.D, founding director of theUC Davis Center for Reducing Health Disparities.Steinberg created the task force after a Senate Select Committee heard testimony suggesting inequities in the provision of services.
The other task force bills include:
- SB.158, sponsored by Sen. Lou Correa, which would establish an autism demonstration program to improve linguistic and cultural competency in Regional Centers. The bill has been voted out of the Senate and the Assembly Human Services Committee and is now before the Assembly Appropriations Committee
- SB.208, sponsored by Sen. Ricardo Lara, which would require Regional Centers to evaluate the ability of outside vendors to provide culturally and linguistically competent services before awarding contracts. The bill also has cleared the Senate and the Assembly Human Services Committee and is before the appropriations committee
- SB.367, sponsored by Sen. Marty Block, which would require Regional Centers to develop annual strategic plans addressing issues of linguistic and cultural competency. The bill has passed the Senate and is scheduled for a hearing before the Assembly Human Services Committee on Aug. 13
- SB.468 , sponsoredby Sen. Bill Emmerson, whichis designed to give particpants and their families in Regional Centers more flexibility and choice in choosing services under their Individual Program Plan (IPP). Emmerson's bill has cleared the Senate and awaits a hearing before the Assembly Human Services Committee
- SB.555 , sponsored byCorrea, which would establish guidelines for Regional Centers in providing IPPs in a culturally and linguistically competent manner. The bill also awaits a hearing before the Assembly Human Services Committee after being voted out of the Senate
The eighth bill, AB.131, sponsored by Perez, would require DDS to facilitate the use of telehealth and teledentistry services in the Regional Center system. The bill has passed the Assembly and two Senate committees, and is now befiore the Senate Appropriations Committee.
TheAmericans with Disabilities Act (ADA) will have its 23rd anniversary on July 26, 2013. The ADA National Network and its 10 regional ADA Centers located throughout the United States are celebrating the ADA and invite you to check out theirAnniversary Tool Kit. The tool kit will help with ideas onhow you can celebrate the progress made by the ADA in your workplaces, schools and communities.
The 33rd National Veterans Wheelchair Gameswill be held July 13 - 18, 2013 in Tampa Bay, FL. The event isa sports and rehabilitation program for Veterans who use wheelchairs for sports competition due to spinal cord injuries, amputations or certain neurological problems. Over 600 participants are expected to attend this year's event. The games allow newly disabled Veterans to gain sports skills and get to know the other athletes. Learn more about the event.
Despite state assurances, coverage is lost in move out of Healthy Families
LOS ANGELES (July 8, 2013) -- The Los Angeles Times reported on the transition of 900,000 California children from the Healthy Families program into Medi-Cal which has led to a cutoff of applied behavior analysis (ABA) therapy, despite assurances fromstate officials there was to be no loss in services.
Rene Mollow, a deputy director at the California Department of Health Care Services, told the newspaper thatsome children could get ABA"through a federal program" or their school, but acknowledged thatnot all children will be served.
"We're coming out of a significant deficit," she said. "We're just looking to be prudent with the dollars that we have."
SenatePresident pro TemDarrell Steinberg (D-Sacramento) sought to restore the coverage in the state budget, but the necessary funding was not includedby Governor Jerry Brown.
"The administration promises us a resolution, but we don't have one yet," Steinberg told the Times.
ECHO, Interim Basic and Pilot plans all affected
WASHINGTON, DC (July 5, 2013) -- Autism Speaks has developed a Frequently Asked Questions guide for military families to better understand the changes in coverage for applied behavior analysis (ABA) announced in late June by TRICARE. The changes affect all ABA policies.
To download the FAQs, go here
The U.S. Equal Employment Opportunity Commission has chargedRiviera Consulting & Management Consulting, LLC with disability discrimination under the Americans with Disabilities Act. The San Jose, CA-based company denied an employee a reasonable accommodation and fired him. The employee, a bookkeeper, hasretinitis pigmentosa and was asked to drive to deliver paychecks and pick up mail, which he couldn't do due to his eye condition. The lawsuit requires the company to prevent future discrimination.
TheNational Council on Disability's letter to the Chair of the Federal Commission on Long-Term Care gives recommendations for developing a framework forlong-term services and supportsfor all people with disabilities. The letter indicates that with the aging of the baby boomers, increasing life expectancy, and rising disability rates in people under 65, the need for long-term services and supports will significantly increase.
The U.S. Department of Labor (DOL) will hold a Twitter Town Hall chat on Veterans' employment programs for Veterans with disabilities on July 10, 2013 from 2 - 3 p.m. Eastern Time. The chat will include participants from DOL's Veterans' Employment and Training Service, the Office of Disability Employment Policy, several national Veterans service organizations, employers, representatives from local American Jobs Centers, and experts from the armed services.Submit questions using the hashtag #VetsJobsChator by email.
NISH has changed its name toSourceAmerica. The nonprofit creates employment opportunities for people with significant disabilities. It isanAbilityOne-authorized agency thatfills jobs for commercial businesses and government contractors with workers with signfiicant disabilities. SourceAmerica also provides services in business development,contract management, legislative and regulatory assistance, communications and public relations materials, information technology support, engineering and technical assistance, and professional training.
The U.S. Department of Housing and Urban Development (HUD) has reached a settlement agreementwith the Housing Authority of Baltimore City for violating the Fair Housing Act(FHA). The housing authority allegedly denied a request for reasonable accommodations for a mother and son with disabilities to be moved to a larger unit closer to family support. Under FHA, housing providers must make reasonable accommodations to provide persons with disabilities an equal opportunity to use or enjoy a dwelling.
U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius has announced nearly $32 million in grants to identify and enroll children eligible for Medicaid andthe Children's Health Insurance Program.The "Connecting Kids to Coverage Outreach and Enrollment Grants" are part of the Affordable Care Act and range from$190,000 to $1 million. They were awarded to41 state agencies, community health centers, school-based organizations and nonprofit groups in 22 states; two grantees are multistate organizations.
The Federal Communications Commission (FCC) kicks off its new "Accessibility & Innovation Initiative Speaker Series" on July 16, 2013 from 10 a.m. - 12 p.m.in Washington, DC. This series focuses on innovation in accessible communications technologies that will benefit people with hearing and speech disabilities.ColoradoProfessor Clayton Lewis will present "The Future of Inclusive Design Online" on July 16, which will be followed by a demonstration of accessible technology solutions.
The U.S. Equal Employment Opportunity Commission has chargedLifecare Medical Services, Inc. with disability discrimination under the Americans with Disabilities Act. The Ohio-based company allegedly denied an employee a reasonable accommodation of requested leave to accommodate his multiple sclerosis. Instead, the employee was disciplined for absences due to his disability. When the employee requested points under the company's no-fault attendance policy, the company fired him.
Existing insurance coverages, new health exchanges not affected
WASHINGTON, DC (July 3, 2013) -- The Obama administration's decision to delay certain reporting requirements under the Affordable Care Act (ACA) by private employersis not expected to have any measurable impact onexistingautism coverages, according to an initial analysis by Autism Speaks.
A one-year delay announced by the U.S. Treasury Departmentis limited toprivate employers with more than 50 workersthat do not offer any health insurance. Private and publicemployers of any sizethat do offer health insuranceas well as the new health benefit exchanges created under the ACA are not affected.
The announcement by the Treasury Department delayed until 2015 a provision under the ACA requiringfines onlarge employers that fail to provide health insurance coverage to their workers.The delaywas attributed to difficulties implementing reporting procedures.
For further insight, read: 'Delay in health insurance law won't affect many, experts say'
The U.S. Department of Labor has announced that Benefits.gov has released a mobile-compatible version of its website. Benefits.gov, the U.S. government's official benefits website is accessible for visitors using mobile devices, such as smartphones and tablets. A new feature is the "Benefit Finder," a search tool that asks questions to better help users find the government programs they may be eligible to receive. The website is available in English and Spanish.
The U.S. Department of Justice has filed a lawsuit against the owners and managers of rental homes in the Kelso and Longview, WA areas for violating the Fair Housing Act.The lawsuit alleges that the homeowners and managers discriminated against people with disabilities by eliminating the $1,000 "pet deposit" for service animals with specialized training, but not for other assistance animals, including emotional support animals.
The U.S. Equal Employment Opportunity Commission has chargedRockTenn CP, LLC, formerly known as Smurfit-Stone Container Corporation, with allegeddisability discrimination under the Americans with Disabilities Act.Smurfit-Stone, in Latta, SC allegedly denied an employee areasonable accommodation to take medical leave when the employee was hospitalized with a severe back condition. The company then fired the employee because he could not return to work on a deadline set by Smurfit-Stone. The employee was given a medical release to return to work the week after the company's deadline, but the company did not accept that.
If you receive Social Security disability benefits and want to make more money through work, theTicket to Work (TTW) programcan help. Register for a free webinar on July 24, 2013, from 3 – 4:30 p.m. Eastern Time. You will learn about the basics of TTW, the U.S.Equal Employment Opportunity Commission's role in enforcing employment laws and the Americans with Disabilities Act. Register online or call1-866-968-7842 (V)or1-866-833-2967 (TTY).
The U.S. Equal Employment Opportunity Commission has chargedChipotle Mexican Grill, Inc. with disability discrimination under the Americans with Disabilities Act. The restaurant chain allegedly fired an employee at its Franklin, MA location after she arrived at workwith a shunt in her arm for the intravenous treatment of cystic fibrosis. Firing an employee because of a disability or perceived disabilty is against the law.
The U.S. Equal Employment Opportunity Commission has chargedDetroit Community Health Connection with disability discrimination under the Americans with Disabilities Act. The Detroit medical services provider allegedly denied an employee a reasonable accommodation of medical leave to accommodate herrheumatoid arthritis. The company then fired her because of her disability. Under the lawsuit, the company must provide reasonable accommodations to employees with disabilities in the future.
Purdue University'sInstitute for Accessible Science (IAS) allows college students with disabilities to be members of research teams using adapted and assistive technologies. TheIAS Summer Undergraduate Research Fellowship program matches students with a researcher and program of their interest. Study areas includeanimal sciences, biological sciences, food science, biomedical engineering, and medicinal chemistry and molecular pharmacology. The program encourages students with disabilities to pursue science careers.
Approved unanimously by the Legislature, bill would make Oregon 34th state to enact reform
SALEM (July 1, 2013) -- The Oregon House of Representatives voted 56-0 for autism insurance reform and sent the bill to Governor John Kitzhaber (below). If signed, the bill would make Oregon the 34th state to enact autism insurance reform.
Both houses of the Legislature approved the bill, SB.365, sponsored by Sen. Alan Bates (D-Medford), unanimously.
The bill would require state-regulated health plans to cover up to 25 hours per week of applied behavioral analysis (ABA). A seven-member Behavior Analysis Regulatory Board would be created within the Oregon Health Licensing Agency to license providers. The new coverage would start in 2015 for public employees and in 2016 for state-regulated health plans.
The Legislature also has sent KitzhaberSB.414, sponsored by Sen. Chip Shields (D-Portland), which would enable the state Insurance Division to order health plans to pay restitution to consumers if they violate the law or their contracts.State regulators currently have very limited enforcement powers over the insurance industry which has an exemption from Oregon's anti-fraud laws.
Kasich signs bill creating certification process to enable insurance coverage
COLUMBUS (July 1, 2013) -- Gov. John Kasich has signed the state budget bill, which includes an amendment establishinga state certification process for providers of applied behavior analysis (ABA). With this resolved, ABA will be reimbursable when the state's new autism insurance coverage takes effect in 2014.
The issue arose earlier this year when Governor John Kasich signed an order requiring that ABA for autism be included in all insurance plans issuedthroughOhio's new health benefit exchangecreated under the Affordable Care Act.Under the amendment, the Ohio Board of Psychology will be responsible for certifying Board Certified Behavior Analysts (BCBAs) as "certified Ohio behavior analysts."
The amendment was produced by a working group of stakeholders and provider groups to assure no disruption in existing services while expanding access to quality ABA providers.
In addition to Ohioans who will start getting their insurance through the health benefit exchange in 2014, state employees have accepted Kasich's offer to have the benefit included in their health plans. Autism Speaks is committed to gettingthe coverage extended to all state-regulated health plans in Ohio.
AccessibilityOnline is anonline training program run bythe Americans with Disabilities Act (ADA) National Network and the U.S. Access Board. The program offers a series of free webinars and audio conferences aboutaccessibility as it relates to the built environment, information and communications technologies and transportation. Presentations on other accessibility topics are in the site's archives section.
The U.S. Access Board has releases proposed guidelinesfor passenger ships. The guidelines provide design information for the construction or modificaion of large vessels that carry more than 150 people to make sure that they are accessible to people with disabilities under the Americans with Disabilities Act. A public hearing on the guidelines will be held on July 10, 2013 from 9:30 a.m. - 12 p.m. in Washington, DC.Comment deadline is September 12, 2013.
The ADA National Network will hold a session on August 20, 2013 from 2 – 3:30 p.m. Eastern Time on athletic opportunities for students with disabilities, with a focus on colleges and universities. The session will provide advice on how to integrate students with disabilities into mainstream athletic programs and how to create adapted programs. Registerand choose to attend either by telephone or webinar.
Health plans would be required to pay restitution
SALEM (June 28, 2013) -- The Oregon House has approved and sent Gov. John Kitzhaber a bill which would empower the state Insurance Division to order health plans to pay restitution to consumers if they violate the law or their contracts. Sponsored by Sen. Chip Shields (D-Portland), the bill(SB.414) was approved 47-13.
Oregon state regulators currently have very limited enforcement powers over the insurance industry which has an exemption from Oregon's anti-fraud laws.
Final legislative action on Oregon's autism insurance reform bill, SB.365B, is expected shortly strating with a Senate vote Saturday. If signed by Kitzhaber, the bill would make Oregon the 34th state to enact autism insurance reform.
U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebeilus calls on all Americans to be aware of post-traumatic stress disorder (PTSD) this month and throughout the year. PTSD is a severe anxiety disorder that can occur when people experience a traumatic event. If you or someone you care about has PTSD, call1-800-273-8255 (press “1” if you are a Veteran, Service Member, or calling about one), or visit the Veterans Crisis Line.
Disability.gov has launched the"What's Your Connection?" initiative to celebrate the website's 10th anniversary. The initiative was developedto highlight disability as a natural part of life and to promote inclusion.Most people either know someone who hasa disability or have a disability themselves. People are asked to submit a captioned photograph or video that answers the question "What's your connection with disability?" Submission deadline is July 31, 2013.
The American Council of the Blind's (ACB) 52nd annual conference and convention will be heldJuly 4 - 12, 2013 in Columbus, OH."Discovering New Worlds" will feature seminars, workshops, programs and technology. Suscribe to the ACB convention email listto receive convention information announcements.
Raleigh station profiles debate over HB.498
RALEIGH (June 28, 2013) -- WRAL-TV reported on the fight for HB.498 which has been voted out of the House of Representatives and supported by Governor McCrory, but can't get a hearing in the Senate. See the video below and read the online story here
June is Post Traumatic Stress Awareness (PTSD) Month. In observance, the U.S. Department of Veterans Affairs (VA) National Center for PTSD invites the public to participate in its “Take the Step”.The campaign highlghts different topics so visitors can learn more about PTSD, challenge their beliefs, explore the treatment options available, and reach out to make a difference.
Policy changes restrict ABA under ECHO, Basic and pilot programs
WASHINGTON, DC (June 27, 2013) -- Military families will face new restrictions and cutbacks obtaining applied behavior analysis (ABA) therapy for their children with autism under new policies made public this week by TRICARE, the Department of Defense health benefits program.
"These policies drastically change how ABA is covered under TRICARE and will impact all beneficiaries and service providers," said Karen Driscoll, Autism Speaks' associate director for federal government affairs and military relations. "Autism Speaks is very concerned about the imposition of age and duration limits, threatened cutoffs for treatment, and the administrative hurdles to access care.
"Military families deserve better,"she said. “Our clinical science and advocacy teams are working on a report and plan of action to address. Please stay tuned for policy updates.”
See TRICARE's released policies here:
Special committee weighs enforcement issues with 2010 law
FRANKFORT(June 27, 2013) --A special legislative committee heard complaints of denials and delays under Kentucky's 2010 autism insurance reform law at a hearing here.
"I want to get fixed whatever is not working correctly,”Rep. Jeff Greer, co-chair of the InterimJoint Committee on Banking and Insurance, told the Floyd County Times. Last year, the state Department of Insurance had to intervene with health plans to provide appropriate coverage.
Lorri Unumb, Autism Speaks' vice president for state government affairs, told the committee that insurershad failed to recognize applied behavior analysis (ABA) asmedically necessary treatment while fighting the bill in the Legislature, but that the issue should have been resolved now that measure has been law for over two years. She said implementation issues are not uncommon when autism insurance reform laws are put in place.
Read theFloyd County Times coverage here
Oregon on track to become 34th state to enact autism insurance reform
SALEM (June 27, 2013) -- The Oregon Legislature's Joint Ways and Means Committee has released the autism insurance reform bill, SB-365, to the Senate and House floors for final action. If signed by Gov. John Kitzhaber, Oregon would become the 34th state to enact reform.
Sponsored by Sen. Alan Bates (D-Medford), the bill would require state-regulated health plans to cover up to 25 hours per week of applied behavioral analysis (ABA) for children through age 8.Aseven-member Behavior Analysis Regulatory Board would be created within the Oregon Health Licensing Agency to license providers.
Meanwhile, a final House vote is expected on SB.414, sponsored by Sen. Chip Shields (D-Portland) which would enable the state Insurance Division to order health plans to pay restitution to consumersif they violate the law or their contracts.The Senate passed the bill 19-10. State regulators currently have very limited enforcement powers over the insurance industry which has an exemption from Oregon's anti-fraud laws.
The U.S. Department of Education has issued a guidance letter to states and public agencies on the requirements of the Individuals with Disabilities Education Act (IDEA) to provide Braille instructions to students who are blind or visually impaired. The letter stresses that Braille instruction is an important literacy tool for these students. The letter responds to parent and advocate complaints that Braille instruction has gone down significantly over the years. This link opens a PDF document.
The Obama administration has launched the Health Insurance Marketplace to prepare Americans for open enrollment and sign up for private health insurance. On the updatedHealthCare.Govwebsite, consumers can put in information about their health coverage needs and get information on the choices available. A consumer call center is also available to help consumers understand the choices so that they can choose what best suits their needs. The site is available now. Open enrollment in the new Health Insurance Marketplace will not begin untilOctober 1, 2013.
ABA, other medically necessary treatment would be included
BOSTON (June 24, 2013) -- Massachusetts would expand benefits under its2010 autism insurance reform law tothe state's Medicaid program, under a billbefore the Legislature.
Sponsored by Rep. Danielle Gregoire (D-Marlborough), the bill, H.1026,would require MassHealth to cover medically necessary treatments for autism, including applied behavior analysis (ABA). MassHealth is the state agency that manages Medicaid and the Children's Health Insurance Program (CHIP) in Massachusetts.
The bill is before the Legislature's Joint Committee on Health Care Financing. The bill has 22 co-sponsors.
The Federal Communications Commission (FCC) has released two settlements on wireless hearing aid compatibility casesinvolving Airadigm Communications, Inc. dba Airfire Mobile, and TeleGuam Holdings,LLC. The hearing aid compatibility rules make sure that individuals with hearing loss can access wireless phone service without excessive background noise. The settlements will help wireless consumers who live in many rural areas and in Guam, where the companies do business.
The National Council on Disability (NCD) celebrates the 14th anniversary of the Supreme Court's Olmstead decision that ruled that Americans with disabilities have the right to participate in community life and live outside of institutions. NCD also honors the late Justin Dart, a disability rights pioneer and former vice chair at NCD who was instrumental in the passing of the Americans with Disabilities Act.
The LEAD Center has two upcoming webinars to help promote employment among people with disabilities. On June 26, 2013 from 3 - 4:30 p.m. Eastern Time,Group Discovery: An Alternative Assessment Tool for Workforce Centers and Community-Based Providerswill feature a process called Group Discovery. On July 31, 2013 from 3 - 4:30 p.m. Eastern Time,Promoting Employment - Discovering Your Potential: Using Discovery to Identify Your Employment Goalswill feature an assessment tool that can identify the strengths of job seekers.
The ADA National Network is holding a webinar, “Transition Planning: The Dynamic Process for Parks, Recreation and Tourism,” on July 10, 2013, from 2-3:30 p.m. Eastern Time. Federal and state accessibility specialists will discuss legal requirements for making public places and programs accessible to people with disabilities. Registration is free. Learn requirements for attending webinar by computer or mobile device.
The U.S. Equal Employment Opportunity Commission has chargedAmericold Logistics, LLC with disability discrimination under the Americans with Disabilities Act(ADA). Americold allegedly refused to allow an employee with chronic back pain withradiculopathy in her legs to return to work from medical leave because she had medical restrictions. The company also refused to provide reasonable accommodations and fired her for failing to return to work. Americold has agreed to train its staff on the ADA.
Bates' bill emerges from committee with amendments
SALEM (June 21, 2013) -- The Oregon autism insurance reform bill, SB.365-9A, has been voted out of a subcommittee and lined up for final action by the Legislature and Governor John Kitzhaber.
Sponsored by Sen. Alan Bates, the bill yesterday was voted out of the Human Services subcommittee of the Legislature's Joint Ways and Means Committee. The full Joint Ways and Means Committee is scheduled to vote Monday on the amended bill, which would then go to the Senate and House of Representatives for final legislative approval.
The final version of the bill is available here.
This webinar will be held on June 27, 2013 from 2 – 3 p.m. Employers will learn about creating an inclusive business culture and how to build awareness among all employees about the talents and contributions of people with disabilities in the workplace.
The Department of Veterans Affairs (VA) has created an online application called eBenefits that processes disability claims faster. The VA urges Veterans to use the new application process to receive faster decisions on their applications and to help reduce claims backlogs. eBenefits also lets Veterans electronically submit copies of records and supporting evidence for their claims, and to choose representatives to help them.
The National Council on Disability (NCD) has asked the U.S.Department of Justice and the Federal Bureau of Investigation (FBI) to make sure that people who commit hate crimes and injure people with disabilities are fully prosecuted. On June 10, 2013, the mother and godmother of a 14-year old male with autism, his caregivers, murdered the teenager because of his disability. The NCD urges local and federal prosecutors to prosecute hate crimes against people with disabilities.
Thousands of children lose ABA in transition out of Healthy Families
The U.S. Department of Health and Human Services (HHS) has released theNational Plan to Address Alzheimer's Disease: 2013 Update. The update reports on progress made toward the goals set in 2012, and new and revised action steps. The plan includes finding ways to prevent and treat Alzheimer's disease by 2025, improving care for Alzheimer's patients, increasing support for people with dementia and their families, increasing public awareness, and tracking data.
The National Council on Disability (NCD) joins in the yearly celebration of Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride Month-June. NCD celebraties its commitment to advancing the rights for all Americans, including LGBT Americans and LGBT Americans with disabilities.
Legislature and governor could not reach an agreement which would expand autism therapies to more people through Medi-Cal
Medicaid-funded pilot project helps serve 18,000 diagnosed children
SALT LAKE CITY (June 18, 2013) -- The state of Utah, which has the highest autism rate in the nation, will add 35 slots to a Medicaid-funded ABA program offered through a lottery, according to The Salt Lake Tribune.The Utah Autism Coalition has estimated over 18,000 children in the state have been diagnosed with autism.
The pilot program was enacted in 2012 after the Legislature abandoned an autism insurance reform bill. Because the pilot program was slow to start,funding became available to provide for the 35 additional slots. In addition, the age of eligibility was raised from 5 to 6.
The 35 slots will be distributed statewide on the basis of population and chosenthrough a lottery, rather than first-come, first-serve basis.
A new studyhas foundthat adult day care centers offer people with Alzheimer's disease opportunities to be active, and give family members a break from caregiving. Researchers found that caregivers had lower levels of stress on the days when care centers were used. Visit the Alzheimer's Foundation of Americawebsite for more information and resources for caregivers.
There are nearly 57 million individuals with disabilities in the United States, and they are all connected to the people around them in some way. To celebrate our 10th anniversary, Disability.gov has created the "What's Your Connection?" initiative, a grassroots movement emphasizing the connections among all people. Tell us what your connection is.
The U.S. departments of Justice, Education and Health and Human Services have sent a letter to the nation's medical, dental, nursing, and other health-related schools about hepatitis B discrimination. The letter expresses concern that some schools may be making enrollment decisions based on an incorrect understanding of the risk and frequency of hepatitis B transmission in this environment. The letter informs schools on the latest recommendations from the Centers for Disease Control and Prevention.
Autism Speaks, NYSABA cheer passage of bills fixing 2011 insurance reform law
ALBANY (June 17, 2013) -- Autism Speaks and the New York State Association for Behavior Analysis (NYSABA) today commended the New York Legislature for voting to eliminate a hurdlethat haskept families from accessing ABA care as promised under the state's 2011 autism insurance reform law. Gov. Andrew Cuomo, whose office helped work on the legislation, is expected to sign the measure.
The bill will create a New York state license for applied behavior analysis (ABA) practitioners that the Board of Regents demanded after the 2011 law was enacted.Without state licensure, ABA providers could not be reimbursedfor their services under the law, which covers state-regulated health benefit plans.
The legislation was sponsored by Assembly Majority LeaderJoseph Morelle (D-Irondequoit) and Senator Chuck Fuschillo (R-Merrick), the same two lawmakers who championed the 2011 autism insurance reform law.
“Autism Speaks commends Assemblyman Morelle for delivering once again for New York's autism community,” said Judith Ursitti, Autism Speaks' director for state government affairs. “The passage of this licensure bill will fulfill the promise of New York's autism insurance reform law for thousands of families and Assemblyman Morelle made it happen. We thank Assemblyman Morelle for going the extra mile for our community.”
Ursitti said, “New York's autism community has come to depend on Senator Chuck Fuschillo for providing the help families need.Autism Speaks thanks Senator Fuschillo for his instrumental role in getting this licensure bill through the Senate. Chuck Fuschillo would not rest until New York families received the access to care they were promised under the autism insurance reform law.”
NYSABA President Deborah Napolitano said her organization applauded"Assemblyman Morelle and Senator Fuschillo for their continued and unwavering support to ensure that individuals diagnosed with autism have access to treatment and appropriately credentialed providers.This bill protects consumers and provides access. Assemblyman Morelle and Senator Fuschillo deserve high praise for striking this balance."
The bills, S.4862 and A.6963, will create a state licensing process for Board Certified Behavior Analysts (BCBAs). A new seven-member State Board for Applied Behavior Analysis will be appointed by the Board of Regents and include three licensed behavior analysts, one certified behavior analyst assistant,one licensed psychologist and two public members.
When the licensure demand was finalized in January, Autism Speaks accused state regulators of ignoring the 2011 law which provided that existing national certification for ABA practitioners would be sufficient. The Autism Speaks Legal Resource Center became involved in the dispute, promising to"use all available means at its disposal" to resolve the issue.
New law eliminates age cap for autism insurance benefits
AUSTIN (June 15, 2013) -- Gov. Rick Perry has signed a bill expanding autism insurance benefits in Texas by eliminating anyage caps forstate-regulated health plans.In 2007, Perry signed legislation thatmade Texas just the third state nationally to enact autism insurance reform, then in 2009 signed another bill that raised the age cap from 5 to 9.
The new law eliminates the age 9 cap, but limits annual ABA benefits to $36,000 a year for children aged 10 and above.Under current law,state-regulated health plans are required to cover the diagnosis and treatment of autism, including behavioral health treatment, such as Applied Behavior Analysis (ABA), as well as speech, occupational and physical therapy.
Perry signed the bill without comment at the conclusion of the state's regular legislative session.
Sponsored by Senators Kirk Watson of Austin, Wendy Davis of Forth Worth and Eddie Lucio, Jr. of Brownsville, SB.1484 will take effect in September.To qualify for the extended coverage,children must be diagnosed with autism by the age of 10 to gain the coverage.
The House champions for the bill included Rep. Larry Gonzales of Round Rock, Rep. Ron Simmons of Carrollton, and Rep. Senfronia Thompson of Houston.
Texas is one of four states with existing autism insurance reform laws that has considered bills to expand coverage this year. A fifth state, New Mexico, earlier enacted a new law expanding its coverage to public employees and Kansas, by regulatory action, has made coverage for its state employees permanent. Last year, Louisana, Vermont, Virginia and Rhode Island all expanded coverage under their existing laws.
Minnesota Gov. Mark Daytonlast month signed a bill that made Minnesota the 33rd state to enact autism insurance reform.Oregon and North Carolina are nearing final action on bills to enact reform, and the District of Columbia is moving forward with reform covering individual, small group andhealth benefit exchange plans.
The U.S. Department of Justice has reached an agreement with the state of Rhode Island and the city of Providence to resolve violations of the Americans with Disabilities Act (ADA). Providence and the state were segregating people with intellectual and developmental disabilities (I/DD) into sheltered workshops and day programs instead of receiving employment services in integrated settings. People with disabilities have the right to receive services in the most integrated settings possible.
The U.S. Department of Labor has stopped allowing Training Thru Placement, Inc. (TTP) based in North Providence, RI to pay less than the current federal minimum wage to its workers with developmental and intellectual disabilities. The law allows employers to pay wages less than the federal minimum wage, but only when certain conditions are met. The company failed to determine the appropriate sub-minimum wage to be paid under Section 14(c) of the Fair Labor Standards Act and also falsified documents to mislead investigators.
The U.S. Department of Justice (Justice) has reached a settlement withDeCamp Bus Lines Inc. to make sure that the bus company provides equal transportation services to people with disabilities. DeCamp allegedly violated the Americans with Disabilities Act (ADA) by requiring passengers with disabilities to provide 48 hours advance notice to get a wheelchair-accessible bus. The company has agreed to train its staff on the ADA.
Wounded warrior amputees at Walter Reed National Military Medical Center have been sharing the wisdom and experience gained through rehabilitation and prosthetic fittings with a man who lost a leg during the Boston Marathon bombings. A visit to the Military Advanced Training Center gave him the opportunity to learn about the latest medical and surgical advances in amputations and prosthetics, while getting support from fellow amputees.
Pilot insurance program created under 2010 law becomes permanent
TOPEKA (June 14, 2013) -- A pilot autism insurance benefit created for state employees under a 2010 law has been made permanent by the Kansas State Employee Health Care Commission.
The decision avoidsthe possibility of Kansas becoming the only state to eliminate autism insurance coverage and sets the stage for renewed efforts to enact broader autism insurance reform.
The state employee benefit was created under a 2010 law as a "pilot project" to determine whether insurance coverage for essential autism therapies should be extended to more families across the state.According to 2012 claims data,the annual cost to the statewas $266,077, or 24 cents per member per month.
Larson, Rooney amendment to NDAA would require TRICARE coverage
WASHINGTON, DC (June 14, 2013) -- The U.S. House of Representatives has approved an amendment to the new defense bill that would require the Pentagon to cover ABA care for all military families raising children with developmental disabilities, including autism, at medically prescribed levels.
The bipartisan amendment to the National Defense Authorization Act (NDAA) was sponsored by Reps. John Larson (D-CT) and Tom Rooney (R-FL) and approved by voice vote. Although the full NDAA still requires House approval, passage of the ABA amendment was the critical step.
TRICARE, the military's healthplan,covers ABA only for active duty personnel under its ECHO program with benefits capped at $36,000 per year. Military families and their champions in Congress have fought for several years to get uncapped ABA benefits through TRICARE for all military members regardless of their duty status or their branch of service. About 23,000 military dependents have autism.
"Our military families have waited too long for a permanent solution to the problems accessing behavioral health treatment under TRICARE," said Larson. "It's hard enough being on the battlefield away from home to have the extra burden of worrying about your kids' care."
Larson [left] said he first learned of the issue several years ago at anAutism Speaks forum in his district where he met the family of aConnecticut Army National Guard officer whose daughter has autism.
“Telling our troops that their kids can get the treatment they need this year, but maybe not next year, just isn't good enough,” Rooney [right] said. “How can we expect our troops to re-enlist when we can't even guarantee that their kids will get health care treatment a year from now? Our troops and their families deserve a long-term assurance that their children will receive the care they need.”
In addition to Rooney and Larson, the issue has been championed by House Armed Services Committee Chairman Buck McKeon (R-CA), Ranking Member Adam Smith (D-WA) and Reps. Joe Courtney (D-CT), Walter Jones (R-NC) and Mike Doyle (D-PA).
A similar ABAamendment was approved by both houses of Congress last year, but in conference committee the provision wasrewritten into a one-year pilot program that TRICARE was directed to start by April 2 of this year. TRICARE has yet to start the pilot program, citing budget cuts, and has yet to alert military families or medical providerswhen it will begin or how it will operate.
If you are unsure where to go for help with a mental illness, there are many places that can help. Get more information about places to go and people to talk to who can connect you with mental health services.
The U.S. Department of Labor has launched an online retirement planning toolkit. The toolkit helps workers identify what they need to consider in making smart decisions before retiring. It includes information about how to estimate your retirement benefits; what women need to know about Social Security; Medicare parts A & B; and getting help with prescription drug costs.