[Note: Shared for #AutisticHistory archive purposes. This is NOT An Autistic Ally.]
State Proposal Would Gut Insurance Reform Law
November 21, 2012
NEW YORK (November 21, 2012) — The New York Department of Financial Services today published emergency regulations that would effectively deny access to ABA coverage under the state’s 2011 autism insurance reform law. Autism Speaks immediately demanded the rules be revised or withdrawn.
The proposed rules would require Applied Behavior Analysis (ABA) to be provided only by certified behavior analysts licensed under New York law even though the 2011 autism insurance reform law specifically called only for national licensure of providers. In addition, New York has no state licensure process.
“As currently drafted, the Regulations contravene the plain language of the Act, subvert the legislature’s carefully constructed statutory scheme, and will result in irreparable harm to individuals deprived of the critical, time-sensitive healthcare the statute was enacted to secure,” Autism Speaks said in a letter to the department’s general counsel.
“Specifically, by imposing unwarranted and problematic licensure requirements on ABA providers beyond the national certification required by statute, the Emergency Rule exceeds the authority granted by the legislature and drastically limits insureds’ access to care,” the letter continued. “In the face of such a perverse result, the frustration and disappointment on the part of thousands of New York families who believed that enactment of autism insurance legislation would greatly assist their loved ones in securing needed treatment and services cannot be overstated.”
Judith Ursitti, Autism Speaks’ director of state government affairs, said the state licensure requirement also was proposed by regulators in West Virginia and Rhode Island after those states enacted autism insurance reform laws in 2011. In each case, Autism Speaks worked with local advocates and legislative leaders to get the requirements reversed or modified so that families could access ABA as provided under the law.
“We want New York families to know we are very familiar with this issue given our experience in other states and that we are confident we will be equally successful in getting this resolved in Albany,” Ursitti said. “This has already been a painfully slow process in gaining ABA coverage and we understand the frustration felt by New York families.”
New York’s 2011 autism insurance reform law took effect at the beginning of this month. It requires state-regulated health plans to cover up to $45,000 a year in ABA services provided or supervised by a Board Certified Behavior Analyst.
The law was signed by Gov. Andrew Cuomo on November 2, 2011. The emergency ABA regulations were not issued until Oct. 31, 2012, a day before the law took effect and made public today.
Emergency Rule PDF
More With Autism Votes
The Autism Community Is Not The Autistic Community
Autistic people have fought the inclusion of ABA in therapy for us since before Autism Speaks, and other non-Autistic-led autism organizations, started lobbying legislation to get it covered by insurances and Medicaid.
ABA is a myth originally sold to parents that it would keep their Autistic child out of an institution. Today, parents are told that with early intervention therapy their child will either be less Autistic or no longer Autistic by elementary school, and can be mainstreamed in typical education classes. ABA is very expensive to pay out of pocket. Essentially, Autism Speaks has justified the big price tag up front will offset the overall burden on resources for an Autistic’s lifetime. The recommendation for this therapy is 40 hours a week for children and toddlers.
The original study that showed the success rate of ABA to be at 50% has never been replicated. In fact, the study of ABA by United States Department of Defense was denounced as a failure. Not just once, but multiple times. Simply stated: ABA doesn’t work. In study after repeated study: ABA (conversion therapy) doesn’t work.
What more recent studies do show: Autistics who experienced ABA therapy are at high risk to develop PTSD and other lifelong trauma-related conditions. Historically, the autism organizations promoting ABA as a cure or solution have silenced Autistic advocates’ opposition. ABA is also known as gay conversion therapy.
The ‘cure’ for Autistics not born yet is the prevention of birth.
The ‘cure’ is a choice to terminate a pregnancy based on ‘autism risk.’ The cure is abortion. This is the same ‘cure’ society has for Down Syndrome.
This is eugenics 2021. Instead of killing Autistics and disabled children in gas chambers or ‘mercy killings’ like in Aktion T4, it’ll happen at the doctor’s office, quietly, one Autistic baby at a time. Different approaches yes, but still eugenics and the extinction of an entire minority group of people.
Fact: You can’t cure Autistics from being Autistic.
Fact: You can’t recover an Autistic from being Autistic.
Fact: You can groom an Autistic to mask and hide their traits. Somewhat. … however, this comes at the expense of the Autistic child, promotes Autistic Burnout (this should not be confused with typical burnout, Autistic Burnout can kill Autistics), and places the Autistic child at high risk for PTSD and other lifelong trauma-related conditions.
[Note: Autism is NOT a disease, but a neurodevelopmental difference and disability.]
Fact: Vaccines Do Not Cause Autism.