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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.