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With the Iowa General Assembly scheduled to adjourn by March 31, 2010 and possibly as early as March 26,
SF 2349: A bill for an act requiring certain group health insurance plans established for employees of the state to provide coverage for autism spectrum disorders for certain persons, requiring certification of behavior specialists, and providing an applicability date. (Formerly SF 1.) will need to be be placed on the active House calendar early in the upcoming week to have possibility of passage before adjournment. The bill history states that SF 2349 was placed on the House calendar as "unfinished business" as of March 11. On Friday, March 19, Autism Votes put out a last minute appeal to contact key House Leaders to move the bill forward.
History to date shows that after passage by the Senate on February 23, 2010 and transmission to the Iowa House, that the bill was amended on March 9 [H-8372], to include that
An autism service provider that provides treatment of autism spectrum disorders that includes applied behavioral analysis shall be certified as a behavior analyst by the behavior analyst certification board or shall be a health professional licensed under chapter 147. and on March 16, 2010 the fiscal note on the bill was posted.
For more information
Status and text of SF 2349
Iowa General Assembly
Autism Votes Iowa
Past blog post
Wednesday, February 24, 2010
State legislation - Iowa SF 2349 autism insurance bill passes the Senate; would create "Behavior Specialist" certification
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
The Maine autism insurance bill,
SP 446/LD 1198 : An Act To Reform Insurance Coverage To Include Diagnosis for Autism Spectrum Disorders which was passed as amended, on February 24, 2010 in the Joint Committee on Insurance and Financial Services .
Has been reported by the Maine Legislative website as having been reported from Committee on March 17, 2010 with a "do pass recommendation", and may be scheduled for a second reading in the Maine Senate on Monday, March 22, 2010; the Senate convenes at 10AM EDT on the 22nd.
Video link
As noted in a previous blog post, the amended version of SP 446/LD 1198 retains coverage of applied behavior analysis as a rehabilitative service, but the age ceiling was reduced from 21 years to 5 years, which essentially renders the legislation an "early intervention" bill.
For further information
Status and text page for SP 446/LD 1198
Maine Legislature
Past blog post
Wednesday, March 3, 2010
State legislation - Maine SP 446/LD 1198 passes with amendment in Committee; changes result in mixed feelings by advocates
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
Vermont Public Radio has a listing that Vermont Senate bill,
S. 262 Insurance coverage for autism diagnosis and treatment as amended by Finance Committee recommendation is scheduled for a third reading in the Senate on Tuesday, March 23, 2010; the Senate convenes at 10 am EDT.
S.262 was introduced on January 5, 2010 in the Vermont Senate, read one time and referred to the Committee on Finance. In the bill text as introduced [pdf], "Applied behavior analysis" was defined, and applied behavior analytic services classified under the coverage category of habilitative or rehabilitative care. There was a statement of an "Autism services provider" to mean any person providing treatment of autism spectrum disorders, and S. 262 as introduced was endorsed by Autism Speaks on January 13, 2010.
Subsequent to referral to the Committee on Finance, the Committee recommended that the clauses after enactment be stricken, and the bill be amended with replacement language which effectively changes the bill from an insurance bill to an insurance study bill,
“An act relating to a study of coverage of appropriate services for children with autism spectrum disorders” [A preamble],
Sec. 2. STUDY OF COVERAGE OF APPROPRIATE SERVICES FOR CHILDREN WITH AUTISM SPECTRUM DISORDERS
(a) The department of banking, insurance, securities, and health care administration shall convene a work group to consider insurance coverage and other treatment options for children diagnosed with an autism spectrum disorder. The work group shall comprise:
(1) the commissioner of banking, insurance, securities, and health care administration or designee;
(2) the commissioner of health or designee;
(3) the commissioner of education or designee;
(4) the commissioner of mental health or designee;
(5) the commissioner for children and families or designee;
(6) the commissioner of disabilities, aging, and independent living or designee; A favorable vote on the Senate floor would be in approval of this recommended amendment.
For more information:
Vermont S. 262
Vermont legislature page at Vermont Public Radio
The State of Vermont Legislature
Autism Votes - Vermont
[current page does not reflect the recommended amendment by the Committee on Finance]
Report to the Legislature to Address Services for Individuals with Autism Spectrum Disorders
January 2008
Recommendation for specification of competencies of behavior analysis service providers referenced on page 23 , and insurance coverage referenced on pages 1,5,31, 32, 34 -34
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
Although Kansas attracted much of the attention on March 18, 2010 because of the last minute move of autism insurance bill S Sub 2160 to the Kansas Senate floor and its passage,
the neighboring state of Missouri on March 18 ALSO had its autism insurance bill SS/SB 618, pass in the Senate by a vote of 26-6. SS/SB 618 has been transmitted to the Missouri House. This vote and passage has come after a delay of some weeks after the bill was anticipated for the third reading.
A related measure, HCS HB 1311&1341, was given its second reading on the Senate Floor on March 18, and was referred to the Senate Small Business, Insurance, & Industry Committee.
A non-autism insurance bill that is of interest to practicing behavior analysts is SB 1030, introduced on March 1, 2010, which would regulate the practice of behavior analysis by a licensing provision and create an advisory body to the Missouri State Committee of Psychologists, the body who would be in charge of regulating the license. SB 1030 is currently in the Senate Financial and Governmental Organizations and Elections Committee.
For more information, further reading
Missouri Senate approves bill for mandated autism insurance coverage
By JASON NOBLE
The Star’s Jefferson City correspondent
Posted on Thu, Mar. 18, 2010 10:50 PM
Read more:
Mo. Senate approves autism bill
By BOB WATSON
For the Fulton Sun
Posted: Friday, Mar 19, 2010 - 10:26:35 am CDT
Past blog posts
Tuesday, February 16, 2010
Quicktake: Virginia and Missouri autism insurance bills pass floor votes
Saturday, February 13, 2010
State legislation: Missouri - SS/SB 618 and HCS HB 1311&1341 on legislative calendars for action; licensing provision now included in HCS HB 1311 & 1341
Saturday, March 13, 2010
State legislation - Missouri SB 1030 - Creates the Behavior Analyst Advisory Board and requires licensing to engage in applied behavior analysis
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
The Delaware General Assembly website reports that on March 16, 2010 an autism insurance bill was been introduced in the Delaware Senate,
Senate Bill 204: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO AUTISM SPECTRUM DISORDERS COVERAGE. and referred to the Senate Finance Committee.
SB 204 defines applied behavior analysis, includes it for coverage under the "habilitative or rehabilitative care" category, and includes among those denoted as an "Autism services provider", "practitioners with the national certification of board-certified behavioral analyst",or any person, entity, or group meeting the standards set by the Department of Health and Social Services.
For more information
Delaware Senate Bill 204
includes access to full text of the bill
Delaware General Assembly
Autism Votes - Delaware [No info yet]
Bill would require insurance companies to pay for autism services
By Doug Denison, Staff Writer
Dover Post
Posted Mar 19, 2010 @ 06:00 AM
Delaware senator proposes insurance mandate for treating autism
Posted: March 19, 2010
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
Autism votes reports that a new bill has been introduced into the New York State Assembly:
A 10372: Requires that individual accident and health insurance policies shall provide coverage for screening, diagnosis and treatment of autism spectrum disorder. This bill is reported by the Assembly website as being the same as S 7000-A, previously reported on by this blog.
A 10372 is sponsored by Chair of the Insurance Committee Morelle, and among the co-sponsors is the Speaker of the Assembly Silver. A 10372 is currently in the Insurance Committee.
For more information:
Bill number A10372
New York State Assembly
Past blog post
Thursday, March 18, 2010
State legislation: New York S.7000 Autism insurance bill; Committee meeting on March 22, 2010.
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
Reports are that Kansas Senate Substitute for HB 2160 (S Sub HB 2160), an autism insurance bill that would cover applied behavior analysis and recognize BCBAs who meet state definitions and conditions for designation as "autism specialists", passed in the Kansas Senate today. The bill is reported to have been amended on the floor of the Senate to add coverage of oral cancer drugs; however the specific language of this, or any other amendment, is not available at this time.
The Kansas Legislative website status report on S Sub HB 2160,
"03/18/2010 S committee of the whole: committee report recommending substitute bill be adopted; be amended; Substitute be passed as amended; Emergency final action: Passed as amended; Yeas 40 Nays 0" S Sub HB 2160 now moves to the Kansas House.
For further reading and reference
Autism bill advances
Coverage of oral cancer drugs also would be required
By Barbara Hollingsworth
The Topeka Capital-Journal cjonline.com
March 18, 2010 - 6:58pm
Kansas Legislature
Autism Votes Kansas
Past blog post
Wednesday, March 17, 2010
State legislation Quicktakes - KY HB 159 passes House, S Sub KS HB 2160 recommended as "be passed"
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
Prefacing notes. - A previous blog post addressed other autism insurance bills bills previously introduced in the NY State legislature: S 385/A 2759, S 1175, A 3332, S 2366/A 6001, S 6123/A 6888-B.
The stated rationale for the drafting of S. 7000, per an Autism Votes FAQ for S. 7000 , is that S. 7000 represents an effort to consolidate into one bill the multiple pieces of legislation already on the bill docket which were granted hearing in October of 2009. With the introduction of S. 7000, while the other bills will remain on the docket, the comment in the FAQ is that none of them would be proceeding through the NY Senate. This blog has takes no position on the FAQs or the comments therein.
New York S.7000 : An Act to Amend the Insurance Law and the Public Health Law, in Relation to Coverage for the Screening, Diagnosis and Treatment of Autism Spectrum Disorder
Requires that individual accident and health insurance policies shall provide coverage for screening diagnosis and treatment of autism spectrum disorder. Sponsored by Senator Neil Breslin (Albany Co.) Chair of the Senate Insurance Committee, Senator Thomas Duane (Manhattan) Chair of the Senate Health Committee, and Senator Charles Fuschillo, Jr. (Nassau Co.) The bill has been referred to the Senate Insurance Committee; Autism Votes comments that a committee meeting will be held on March 22, 2010 and that a vote is projected to be taken at 11:00 am on Monday, March 22, 2010 in Room 123 in the Capitol Building
S. 7000 does not define applied behavior analysis nor are the providers or competencies addressed explicitly.
However, it does state starting on page 2,
"...Coverage for behavioral therapies required puruant to this subparagraph shall not be denied on the basis that such therapies are educational or habilitative in nature, unless such treatments are provided pursuant to an Individualized Family Service Plan [IFSP] under Section 2545 of the Public Health Law or an Individualized Education Program [IEP] under Article 89 of the Education Law. The provision of services pursuant to an Individualized Family Service Plan or an Individualized Eduation Program shall not affect coverage under the policy for sercices provided on a supplemental basis outside of an educational setting if such services are deemed medically necessary. (C) This paragraph shall not be construed to affect any obligation to provide services to an individual under an Individualized Family Service Plan under Section 2545 of the Public Health Law of an Individualized Eduation Program under Article 89 of the Education Law.
(D) Nothing in this paragraph shall be construed to prevent a policy from providing services through a network of participating providers who shall meet certain requirements for participation, including provider credentialing..." As previously stated, Autism Votes has posted a Frequently Asked Questions (FAQ) on S. 7000. While readers are encouraged to read the FAQ first hand, some of the comments in the document are that the clinical report and treatment guideline of the American Academy of Pediatrics, “ Management of Children with Autism Spectrum Disorders” which was published in October, 2007, would serve as the standard for covered treatments until treatment guidelines would be developed by the NY Division of Health, the Office of Mental Health, and the Office of Mental Retardation and Developmental Disabilities.
The American Academy of Pediatrics, District II, New York State, and the Medical society of the State of New York have issued memoranda of support for S. 7000.
For further reading
S. 7000 at Open Legislation
New York State Senate
New York State Assembly
Autism Votes New York
Myers, S.M., Plauche Johnson, C.(2007). Management of children With Autism Spectrum Disorders. Pediatrics, 120(5), 1162-1182 (doi:10.1542/peds.2007-2362)
Previous post
Tuesday, January 26, 2010
State legislation: New York - A full roster of autism insurance coverage legislation
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
**Update 7:52PM PT - News story which gives further history on the S Sub HB 2160 and confirms that it will be going to the Senate Floor (and subject to any amendments and actions which might occur there).
Autism bill goes to Senate
By Barbara Hollingsworth
March 17, 2010 - 7:56pm
Topeka Capital-Journal cjonline.com
**
---------------------------------------
The Autism Votes Facebook page reports that,
Senate Substitute for HB 2160: An act concerning insurance; providing coverage for autism spectrum disorder; amending K.S.A. 2009 Supp. 75-6501 and repealing the existing section. will be coming to the Kansas Senate Floor on Thursday, March 18, 2010.
Please see their memo posted on Facebook. They state that they will be posting an action alert later today.
The Senate calendar at the Kansas Legislature shows on page 6 for March 18, 2010
that S Sub HB 2160 is listed as "Under general orders". The Senate convenes at 2:30PM CT.
Information on S Sub HB 2160 is posted in a prior blogpost.
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
State bills in Kentucky and Kansas that propose coverage of treatments for autism spectrum disorders, including applied behavior analysis, made forward progress in their respective legislatures today
The Committee amendment for KY HB 159 was unanimously passed in the Kentucky House by a vote of 97-0 and now proceeds to the KY Senate. Passage of this bill would create a separate licensing board for Behavior Analysts in addition to the insurance coverage. See the Kentucky Legislature and past blog posts for more info on KY HB 159.
In Kansas, it was reported that an "autism insurance bill" was passed in Committee today and that this approval was also unanimous, although there is no corroborating news stories at present. It appears that the bill in question is a Senate Substitute in the nature of a reconciliation bill of the original HB 2160 and SB 554.
Senate Substitute for HB 2160: An act concerning insurance; providing coverage for autism spectrum disorder; amending K.S.A. 2009 Supp. 75-6501 and repealing the existing section. S Sub for HB 2160 has been in the Committee on Financial Institutions and Insurance in addition to SB 554. The note at the Kansas legislature is "3/16/2010 S Committee report: Substitute be passed by Financial Institutions and Insurance", and the
Anticipated End of Debate Calendar March 17, 2010 shows,
"S Sub for HB 2160, An act concerning insurance; providing coverage for autism spectrum disorder; amending K.S.A. 2009 Supp. 75-6501 and repealing the existing section.
Committee on Financial Institutions and Insurance (Financial Institutions and Insurance) (Be passed)" S sub for HB 2160 defines applied behavior analysis, and notes conditions of service provider reimbursement as follows,
Reimbursement shall be allowed only for services provided by
as such terms are defined by the department of social and rehabilitation services Kansas autism waiver as it exists on July 1, 2010. (See Kansas Early Autism Services for more information on the Kansas autism waiver.)
S Sub for HB 2160 bears similarity to SB 554 in that it would be a limited implementation of an insurance mandate restricted to the State health care benefits program, and would require the Health Care Commission,
pursuant to the requirements of the Insurance Code regarding mandated health insurance benefits, to submit on or before March 1, 2012, a report to the Senate President and the Speaker of the House of Representatives. The report is to include information pertaining to the mandated ASD benefit coverage provided during the 2011 Plan Year.
The information would include:
- The impact that the mandated coverage has had on the State health care benefits program;
- Data on the utilization of coverage for autism spectrum disorder by covered individuals and the cost of providing such coverage; and,
- A recommendation on whether such mandated coverage should continue for the State health care benefits program.
The Legislature would be permitted to consider (in the next session following the receipt of the report) whether or not to require the coverage for autism spectrum disorder to be included in any individual or group health insurance policy, medical service plan, HMO, or other contract which provides for accident and health services and which is delivered, issued for delivery, amended, or renewed on or after July 1, 2013.
For further info
Kentucky
Kentucky.gov Bill Watch
Record of HB 159 at Kentucky Legislature
Kentucky Legislature
Autism Votes Kentucky
Kansas
Text of S Sub HB 2160
Fiscal note
Supplemental note on Senate Substitute for HB 2160.
Kansas Legislature
Kansas Early Autism Services
Past blog posts
Tuesday, March 16, 2010
State legislation - Kentucky HB 159/CS autism insurance and licensing of behavior analysts scheduled for House Floor on Tuesday March 16, 2010
Thursday, March 11, 2010
State legislation - Kansas SB 554, autism insurance bill anticipated for a committee vote on March 11, 2010
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
**12:30PM PT 3/16/10 - It's been reported that HB 159 has passed the KY House by a vote of 97-0**
------------------------------------
Kentucky HB 159(BR-274)/HM the bill specifying health insurance coverage for autism and creation of a separate Kentucky Applied Behavior Analyst Licensing Board per the House Committee Substitute, is shown on the l egislative calendar as posted for passage in the Regular Orders of the Day for Tuesday, March 16, 2010. The House convenes at 2:00PM ET. The proceedings can be watched via the Kentucky House video stream provided courtesy of KET. Please see the KET page for instructions on accessing the live coverage.
HB 159 contains a section defining health insurance coverage for autism with differentials from ages 1-6 years and 7-21 years. Applied behavior analysis and practice is defined and included for coverage under the category of "habilitative and rehabilitative care". The competencies of the Behavior Analyst Certification Board are specified in HB 159 under the definitions and in meeting the licensure requirements.
On February 10, 2010, House Standing Committee on Local Government specified establishment of a separate licensing board - the "Kentucky Applied Behavior Analysis Licensing Board".
HB 159 - AMENDMENTS
HCS/HM - Delete the provisions relating to regulation and licensure of applied behavior analysis for behavior disorders by the Board of Examiners of Psychology and in lieu thereof establish a new KRS Chapter 319B to create the Kentucky Applied Behavior Analysis Licensing Board including the definitions, membership, terms, per diem and authority of the board, the requirements for licensure, and the exemptions from licensure; retain the provisions containing the health mandate, but clarify that the large group mandate for individuals is for individuals through age six by providing that individuals between the ages of one and their seventh birthday shall receive the mandated benefits.
"(...)SECTION 20. A NEW SECTION OF KRS CHAPTER 319B IS CREATED TO READ AS FOLLOWS:
(1) (a) There is hereby created the Kentucky Applied Behavior Analysis Licensing Board. The board shall consist of seven (7) members appointed by the Governor.
(b) The initial board members shall be appointed as follows:
1. Four (4) members shall be credentialed behavior analysts nominated by a credentialed behavior analyst practicing in the state;
2. One (1) member shall be a psychologist licensed in the state, the majority of whose practice is related to the treatment of behavior disorders, including but not limited to autism spectrum disorders. The psychologist member shall be nominated by a credentialed behavior analyst practicing in the state; and
3. Two (2) members shall be the parent of a child diagnosed with and treated for a behavior disorder, including but not limited to an autism spectrum disorder, selected from the state at large.
(c) Subsequent board members shall be appointed by the Governor as follows:
1. Four (4) members shall be licensed behavior analysts nominated by a licensed behavior analyst practicing in the state;
2. One (1) member shall be a psychologist licensed in the state, the majority of whose practice is related to the treatment of behavior disorders, including but not limited to autism spectrum disorders. The psychologist member shall be nominated by a licensed behavior analyst practicing in the state; and
3. Two (2) members shall be the parent of a child diagnosed with and treated for a behavior` disorder, including but not limited to an autism spectrum disorder, selected from the state at large.
(...)" Other specifications and conditions stated in full text of the amendment
For further reading and reference
To set up a tracking alert for HB 159 during the legislative season
Kentucky.gov Bill Watch
Record of HB 159 at Kentucky Legislature
Kentucky Legislature
Autism Votes Kentucky
Panel backs bill for more colon cancer screening
By Deborah Yetter • dyetter@courier-journal.com • March 11, 2010
[Refers to HB 159 in the article]
Past blog post
Friday, March 12, 2010
State legislation - Kentucky HB 159/CS autism insurance and licensing of behavior analysts clears House Appropriations & Revenue Committee and returns to the full House
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
A March 1, 2010 news story describes the widely recognized needs of those with autism or related disabilities who are either adults or about to age out of school-aged programs, and the concerns of families - however this article strikes a more positive tone in describing the possibilities offered by the Southwest Autism Research & Resource Center (SARRC), a Phoenix-area program which emphasizes evidence-based services, including clinical, educational, vocational/life skills program, and opportunities to participate in clinical research studies and family support services.
"With SARRC's vocational programs, Matt [Resnik, son of founder Denise Resnick] has learned to push himself and work in the community.
"He loves working at the library," Resnik said. "There is order at the library, there are numbers and letters. He likes filing those books and checking people in and out."
Dr. Daniel Openden [Ph.D., BCBA-D, SARRC Clinical Services Director] oversees programs for children at SARRC and he said Resnik is not alone in her fears about what the future holds for those affected by autism.
"When parents are first told about their child having autism, one of the first things that goes through their mind is, what's going to happen to them next and what's their future going to be like. What are they going to do, are they going to learn to talk, are they going to have friends, are they going to get a job, get married? They go right from having all these wonderful hopes and dreams for their kids' future to suddenly feeling like maybe those hopes and dreams may be crushed." With early treatment and intervention programs, those affected with autism can enjoy a great life, Openden said."
With an eye to these future adult needs, SARRC has recently released a collaborative research study which examines housing design and options for those living with ASDs,
This is an companion to a related publication also co-sponsored by SARRC,
- Advancing Full Spectrum Housing: Designing for Adults with Autism Spectrum Disorders
Both studies were conducted by the Urban Land Institute (ULI) Arizona, Southwest Autism Research & Resource Center (SARRC), the Arizona State University (ASU) Stardust Center for Affordable Homes and the Family and the ASU Herberger Institute School of Architecture and Landscape Architecture.and funded by grants from SARRC, the Urban Land Foundation, and the Pivotal Foundation
For more information & related stories
Southwest Autism Research & Resource Center (SARRC)
Autism challenges last a lifetime
by Colton Shone/KTAR (March 1st, 2010 @ 5:29am)
Housing an issue for autistic adults
by Catherine Reagor - Feb. 17, 2010 12:00 AM
The Arizona Republic
Related posts:
Friday, February 26, 2010
Organization for Autism Research (OAR) publishes new resource for U.S. Military Families
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
Below is a press release from the U.S. Department of Justice announcing a request for a preliminary injunction against the Conway Human Development Center in Conway, AR. The filing, besides its own stated merits, provides a case study on several grounds: the nature of the points made in the DOJ's filing and prior discovery; the background of lack of appropriate training in and application of behavioral assessment and intervention for both behavior management and re/habilitative purposes; allegations of violation of FAPE/IDEA; what constitutes appropriate standards of care and ethical professional practice; the discussion of Federal statute and prior case law in application of certain techniques, monitoring and community-based care. Links in this post were added to press release text to simplify access to primary documents referenced.
-----------------------------
" Department of Justice
Office of Public Affairs FOR IMMEDIATE RELEASE Tuesday, March 9, 2010 Justice Department Files for Immediate Relief Regarding Conditions at Conway Human Development Center, in Conway, Arkansas
The Justice Department today asked the Federal District Court for the Eastern District of Arkansas to take immediate action to prevent children from being admitted to the Conway Human Development Center(CHDC) in Conway, Ark. The department’s motion for preliminary injunction aims to prevent the segregation of children with developmental disabilities in dangerous conditions and to address accusations of imminent and serious threats to the safety of the facility’s more than 500 current residents.
In January 2009, the Justice Department filed a complaint against the State of Arkansas to enforce the federal requirement that individuals with disabilities be served in the most integrated settings appropriate, and to remedy unconstitutional conditions at CHDC. Information collected through discovery since the filing of the complaint has led the department to conclude that residents face increasing and grave risk of harm with each day that deficiencies are ignored, and that Arkansas fails to serve individuals in the most integrated setting appropriate to the residents’ needs.
The United States has concluded that children at the facility are particularly vulnerable given allegations that CHDC residents are subjected to dangerous medication mismanagement and harmful, unnecessary restraints. In recent years, at least three CHDC residents have died, suffered possible permanent organ damage or been at risk of hemorrhaging to death because of psychotropic medication mismanagement. CHDC also continues to utilize 41 different forms of mechanical restraints on both children and adults, including straitjackets, restraint chairs and papoose boards - practices that have been largely barred from other facilities for years.
"The State has a responsibility to ensure the safety of individuals who reside in state-run facilities, and we must act swiftly when the state does not live up to that responsibility," said Thomas E. Perez, Assistant Attorney General in charge of the Civil Rights Division. "Individuals with developmental disabilities have the right to live in the most integrated setting appropriate to their needs, and states must take swift action to ensure that all individuals are accorded these basic rights." In addition to barring inappropriate restraints and requiring safeguards to prevent dangerous medication practices, the motion seeks to require that the state remove barriers to the provision of supports and services in the community, so that individuals with disabilities, including the approximately 50 children at CHDC, are not forced to choose between an unsafe institution and the denial of necessary services in a more integrated setting.
Between June 1, 2007, and Oct. 1, 2009, a CHDC resident was more likely to die than be discharged to a more integrated setting. On average, CHDC residents die at the age of 46.5 years, compared with the average age of 72 years for other individuals with developmental disabilities living in institutional settings. The number of individuals with developmental disabilities who are waiting to receive community-based services is on the rise in Arkansas, with over 1,300 currently waiting to receive services through the Centers for Medicaid and Medicare Services Alternative Community Services waiver program, with an average wait time of approximately two and a half years.
The Civil Rights Division is authorized to conduct investigations under the Civil Rights of Institutionalized Persons Act (CRIPA) and the Americans with Disabilities Act of 1990 (ADA). CRIPA authorizes the Attorney General to investigate conditions of confinement in certain institutions owned or operated by, or on behalf of, state and local governments. In addition to residential facilities serving persons with developmental disabilities, these institutions include psychiatric hospitals, nursing homes, jails, prisons and juvenile correctional facilities. The ADA authorizes the Attorney General to investigate whether a state is serving individuals in the most integrated settings appropriate to their needs. Please visit http://www.justice.gov/crt to learn more about CRIPA, the ADA and other laws enforced by the Justice Department’s Civil Rights Division. 10-242 Attorney General"
----------------------------- For reference, further reading
Selected briefs
Civil Rights of Institutionalized Persons Act Briefs
Developmental Disability and Mental Retardation Facilities Complaints - United States v. State of Arkansas (Conway Human Development Center)
United States v. State of Arkansas; The Honorable Mike Beebe; John M. Selig; James C. Green, Ph.D.; Calvin Price
Centers for Medicare & Medicaid Services U.S. Department of Health and Human Services
© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
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