[Note: Shared for #AutisticHistory archive purposes. This is NOT An Autistic Ally.]
Autism Speaks Intervenes for PA Child Denied ABA
October 04, 2013
HARRISBURG, PA (October 4, 2013) — A Pennsylvania court’s ruling that families have no right to appeal adverse decisions on insurance claims – but insurance companies do, is “absurd and intolerable” and should be reversed, Autism Speaks has argued in a friend-of-the-court brief filed with the Pennsylvania Supreme Court.
The case (Anthony Burke v Independence Blue Cross) involves a six-year-old boy with autism whose family was denied coverage for ABA provided by his parochial school. The family won the case in Common Pleas trial court in 2011, but the decision was later overturned in Superior Court on appeal which found that only insurance companies, and not families, have the right to contest decisions.
The Autism Speaks Legal Resource Center (ASLRC) filed a friend-of-the-court brief on behalf of Burke before the Supreme Court, which is considering only the issue of whether families enjoy the same right as insurance companies to bring appeals. Dan Unumb, the executive director of the ASLRC, worked with the Philadelphia law firm of Dechert LLP in preparing the brief which was filed by lead counsel Cheryl Krause.
The appeals court on its own initiative, and without briefings or arguments, reached its decision based on a “novel and unsupportable reading” of Pennsylvania’s 2008 autism insurance reform law, Autism Speaks argued. The result could have a “potentially devastating impact to the over 20,000 Pennsylvanians struggling with autism,” according to the brief.
The 2008 law states that the right of appeal was provided to “[a]n insurer or covered individual or an authorized representative”.
In enacting the 2008 law, Autism Speaks argued, “the Legislature intended to both end discrimination by insurers in providing coverage for autism treatment and prevent insurers from shifting their responsibilities under the law to the public purse. A meaningful right to judicial appeal by policyholders is essential to carry out these intentions.”
The 2008 law was designed to serve as a national “gold standard” which included a superior review process. At no time, did lawmakers even raise the issue of denying families a right of appeal, the brief notes.
“Individuals with autism are as entitled to access to the courts as are insurance companies,” Autism Speaks argued, urging the Supreme Court to return the case to Superior Court for a full appeal hearing of the trial court decision.
The Autism Community Is Not The Autistic Community
More With Autism Votes
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.