Showing posts with label aba. Show all posts

Medicare for Autism Now: Shelley Davis Behavioural Consultant and Attorney


From the Medicare for Autism Now web site and the film Medicare's Orphans: A Film About the Fight to Get Healthcare for Children with Autism in Canada an interview with Shelley Davis:

Shelley Davis is a US based Behavioural Consultant who has consulted to BC families for the last 15 years. She is also a practicing attorney. She reviews two US laws – the IDEA (Individuals with Disabilities Education Act) and the ADA (Americans with Disabilities Act) and how determined parent advocacy attained both. She describes the stark contrast in approach and delivery of autism treatment between California and BC. In her experience the only reason for improvements in BC was the result of the work and advocacy done by the original FEAT of BC (Families for Early Autism Treatment) parents. However, in her view, we’re still at the very beginning of the process. We need to continue to work together and have high expectations because it so too easy for children with autism to be pushed aside.

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ASfAR Early Autism Intervention Review: ABA Only Autism Intervention to Receive Highest Rating of E: Established Based on Evidence


The Australasian Society for Autism Research has just released "A Review of the Research to Identify the Most Effective Models of Practice in Early Intervention for Children with Autism Spectrum Disorders" which assesses the research evidence in support of the various early autism interventions and rates the interventions according to the level of evidence base in support of each intervention.  As with every other major research review of the effectiveness of early autism interventions only ABA, applied behavior analysis, received the highest rating:


All credible reviews of autism interventions from the US Surgeon General to the American Academy of Pediatrics, Management of Children with Autism Spectrum Disorders (2007, confirmed 2010) have rated ABA highest of all early interventions for autism disorders. Only ABA has consistently, as in this Australiasian review, been placed in the highest category in this case described as "Established based on Evidence".  This review, like all other reviews of the research literature before it, is unlikely to change the minds of the anti-ABA ideologues but it is important as one more tool to support political and legal advocacy aimed at providing education and health benefits for autistic children and adults.  Thank you to Dr. Jon Brock a member of the ASfAR executive committee for highlighting this new research report via Twitter. 

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Dear Honourable Ministers: Conor Has Voted Again for Flexible, Meaningful Inclusion, Alternative Learning Arrangements


Conor, anxious to get to Leo Hayes High School, to the resource center with other challenged kids for socialization, and to his individual learning area for his ABA based instruction, watches the clock this morning. Conor votes YES for flexible inclusion with meaningful access to learning.


Minutes before departure Conor, on his own initiative, brings Dad his sneakers to make sure I don't forget to drive him to school on time. 

Honourable Jody Carr Minister of Education and Early Childhood Development
Honourable Dorothy Shephard Minister of Healthy and Inclusive Communities

Dear Honourable Ministers:

I am forwarding the above composite picture of my son Conor, seated in the kitchen watching the clock at 7:30 am this morning.  Conor, now 16 years old, has severe Autistic Disorder and is assessed with profound developmental delays.  He was not placed on a "time out" chair for having behaved badly.  He was sitting there of his own choice because he was, as he is every day, anxious to get to school at Leo Hayes High School, an experience he truly loves and one which he misses during the summer months.  

I encouraged Conor to engage in other activities instead of just sitting on the chair and he did so. At precisely 7:55 though Conor, again on his own initiative, brought me a pair of my sneakers and handed them to me,  as a polite reminder to Dad to get ready to take him to school. To the far left of the picture is a red object. It is his school back pack including his lunch pack which he packs the night before and placed in the fridge.  In the morning, on his own initiative, he places the lunch pack inside the back pack and places them near the exit door to ensure that it is with him when Dad drives him to school in the morning.  

With these actions Conor indicates clearly what a positive experience his flexible inclusive education at Leo Hayes HS is for him.  Conor does not, at our request receive his instruction in a regular classroom. Some autistic children can prosper in a regular classroom and some, like Conor, require instruction outside the regular classroom in a quieter space where he is not overwhelmed by noise and other distractions. 

Conor started his schooling in a regular classroom and came home every day with self inflicted bite marks  on his hands and wrists. (self injurious behavior is a recognized condition commonly associated with autism disorders). Once removed the biting ceased and Conor received his instruction in an individualized area in grade school, middle school and high school.  His instruction has been provided by education assistants/teacher aides trained at the excellent UNB-CEL Autism Intervention Training program.  

Conor's socialization has NOT been impaired by these arrangements.  Throughout school he has, in consultation with us, his parents, been involved in various outings and activities within his abilities including some specified gym activities, swimming (his favorite), outings like apple picking (another favorite) and last year he even attended a play put on at Fredericton's playhouse. Other students have ALWAYS greeted Conor warmly at every level of school. Some have even sought him out at our home in order to say hello to him outside of school. At Tim Horton restaurants Conor has been greeted by staff who are were students at school and knew him through Best Buddies. I underline these facts because it is important to realize that full regular mainstream inclusion is NOT necessary to ensure a full social learning experience for children with severe challenges like my son.  

One of the greatest socialization assets for Conor has been the Resource Center at the Leo Hayes High School. The RC is well staffed with trained experienced personnel that know how to manage children with extra needs in as stress free a manner as possible.  It also provides a variety of tools and sharing of information directly by people who are actually working directly with challenged children.  Stigmatization does not occur by placing challenged children in a resource center for parts of the day.  Stigmatization and outright harm occurs by pretending that all children regardless of cognitive level and regardless of disability based sensory and behavioral challenges,  must receive instruction in the same area as their chronological "peers". 

I have made these statements again on Conor's behalf, as I have made them throughout his education because of the constant threat posed to the flexible mode of inclusion that has benefited him in his education. The ideologically based every child in the regular classroom model to which this current administration and its most trusted advisers subscribe would be detrimental and harmful to my son if inflicted upon him, if his ABA based learning in an alternative area or if his socialization, security and happiness in the Leo Hayes High School are targeted for elimination.

Conor demonstrates the success of the current flexible model of inclusion, of the ABA instruction he has received outside the regular classroom, of the security and opportunity for socialization that the Leo Hayes High School Resource Center provides.  Please do not ignore Conor's story while making decisions affecting his future and the future of other children who need accommodation outside the regular classroom.

Although I am a lawyer by profession I try to avoid making legal arguments in education discussion since they can unfortunately lead to confrontation when cooperation and understanding are so badly needed to ensure proper education and development of children.  Having said that I will provide you, with respect, to two links to documents summarizing leading precedents in Canadian jurisdiction concerning the need meaningful access to education of children with disabilities written by Yude Henteleff QC a distinguished lawyer and Order of Canada member who has represented many disability organizations in Canada. Without getting too detailed I believe these documents can be summarized by saying that case law has established that an ideological insistence on regular classroom placement of all children regardless of disability considerations, and without providing alternative arrangements to accommodate their disability based challenges can constitute unlawful discrimination:




I would ask you foremost though to simply look at these pictures of Conor and take my word as his parent, as a long time autism advocate and representative of the Autism Society New Brunswick during the MacKay and Ministerial Committee inclusive education reviews (and current acting ASNB President). Not all children, and certainly not ALL autistic children function well in the regular classroom.   The ASNB position that children should be educated in a manner consistent with an evidence based determination of their best interests is consisted with the policies of the Canadian Learning Disabilities Association. It is also consistent with the first section of the PNB definition of Inclusive Education that resulted from the Ministerial Committee review of inclusive education:

"Inclusive Education

I. Vision

An evolving and systemic model of inclusive education where all children reach their full learning potential and decisions are based on the individual needs of the student and  founded on evidence." (underlining added - HLD)


I ask both of you Honourable Ministers to be faithful to the above definition of inclusive education fashioned after years of consultation conducted by Ministers of the Lord and Graham governments and examined the evidence of my son and other children with needs that require education outside the regular classroom.  Please continue the option for individualized education outside the regular classroom for those like my son who require that arrangement.  And please do not eliminate valuable, proven resources like the Leo Hayes High School Resource Center that have contributed so much in the way of socialization, security and friendship for my son and others with similar needs.

Respectfully,

Harold L Doherty
Fredericton NB

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Experienced Clinical Child Psychologist On Increases in Autism Diagnoses, Importance of ABA Treatment



From the Medicare for Autism Now! web site:

Dr. Glen Davies is a clinical child psychologist who has practiced in the Vancouver area for over 25 years. Today, over two-thirds of the children seen in his clinic are on the autism spectrum. In his 16 minute interview, Dr. Davies comments upon the dramatic increase in autism diagnosis over the last two decades. He discusses the transformational impact of ABA treatment, as well as the relative costs of not providing treatment – to autistic children, their families and society at large.

Dr. Davies is a clinical psychologist with actual experience working with children with autism. There are lots of purely academic, research psychologists working solely with abstractions and epidemiological statistics. It is important to listen to  experienced clinical psychologists like Dr. Davies, psychologists who understand the realities and challenges of autism disorders and the best known way to address those challenges ... ABA treatment.

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1 Year Limit On ABA Treatment for Autism Forces Mother to Leave Nova Scotia for Alberta


A Nova Scotia mother with an autistic son is planning to "go out to Alberta" where ABA autism treatment services are not, as in Nova Scotia, limited to one year.  Does Canada need Medicare for Autism NOW?  No question about it.  Nova Scotia, for those who don't know, is also the province which became notorious for distributing ABA services for autism on a lottery basis. 

I was born in Nova Scotia's Annapolis Valley and return  periodically to visit family. It is a beautiful province with some wonderful people but it's government has not made proper treatment of autistic children a significant priority.  Canada needs Medicare for Autism Now so that more families with autistic children are not forced to leave provinces like Nova Scotia or New Brunswick which is now, under the Alward government,  effectively dismantling many of its autism services.

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Barry Hudson: Ontario and Canada Are Failing Our Autistic Children and Adults

Barry Hudson is  a very well informed, articulate father of an autistic son in Ontario, autism advocate and director with Medicare for Autism Now! Barry describes his family life with autism and the impact of autism on family life.  He describes waiting lists and other obstacles that the Ontario bureaucracy uses to prevent children with autism from receiving autism services.  Children with autism who are not considered severe enough do not receive treatment. Children with autism who are considered too severe do not receive treatment.  A child with autism who clears these hurdles will have treatment services discontinued if they do not pass periodic improvement tests.  

Barry also provides an informed articulate history and criticism of Canada's failure to provide a national health care scheme to cover autistic children in Canada, a failure made more pronounced by the fact that some other countries have identified autism as national priorities and put programs in place to provide treatment.  


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K.G. v. Dudek (Florida Medicaid Injunction Order): ABA Proven Effective, Medically Necessary Treatment for Autism and Autism Spectrum Disorder

Following are some significant excerpts, including court summaries of expert evidence in the proceeding, and findings of the US District Court in Florida K.G. v. Dudek,  on the status of ABA as a medically necessary, proven effective treatment for Autism and Autism Spectrum Disorder.  The expert evidence as summarized, and the conclusions of the court, will of course have no effect on the views of anti-ABA activists like Michelle Dawson, Dr. Laurent Mottron and their followers. I hope though that Canadian public decision makers, particularly MP Mike Lake, who I have copied with this blog commentary and himself a father of a 16 year old son with autism,  and the federal Conservative government in Canada will revisit the need for a Real National Autism Strategy to ensure that all Canadian children with autism and ASD have access to ABA treatment. I especially hope that parents of newly diagnosed autistic children who have been influenced by the often times irrational and non evidence based arguments of anti-ABA activists will speak to their children's health care professionals about the possiblity of ABA as a treatment for their autistic children. 


"ABA is "medically necessary" and is not "experimental" as defined under Florida administrative law and federal law. ... (p 11).

Dr. Vasconcellos, Dr. Bailey, and Dr. Mulick all testified that ABA is the standard means of treatment for autism and ASD. Dr. Vasconcellos testified that she prescribes ABA to all of her autistic patients and believes it would be medical malpractice not to prescribe ABA for a child with autism. Dr. Bailey testified that “we know ABA works. It’s been well established. It’s accepted in the medical community.” Furthermore, Dr. Mulick testified that the consensus in the medical community is that ABA has been the standard means of treatment for children with autism and ASD since the 1990’s, evidenced by consensus statements from the following sources: Centers for Medicare and Medicaid Services, United States Surgeon General Schachter, the Center for Disease Control and Prevention, the National Institute for Child Health and Human Development, the National Institute for Neurological Disorders and Stroke, the National Institute for Mental Health, the American Society of Child and Adolescent Psychiatry, the American Academy of Pediatrics, and the American Psychological Association. Kidder testified that she did not consider any of these consensus statements when determining the standard means of treatment for autism. In sum, the Court finds that AHCA’s failure to follow its own unwritten but formal standard practice for making treatment coverage decisions, failure to apply Florida’s definition for “experimental,” and failure to use “reliable evidence” as defined by Florida law, was unreasonable, arbitrary, and capricious. .... (pp 21-22).


The “reliable evidence,” as defined by Florida law, conclusively shows that ABA is not “experimental.” Plaintiffs have established through their expert witnesses that there exists in the medical and scientific literature a plethora of peer-reviewed meta-analyses, studies, and articles that clearly establish ABA is an effective and significant treatment to prevent disability and restore developmental skills to children with autism and ASD. Dr.Bailey testified that the four peer-reviewed meta-analyses listed at the end of the Hayes Report (two by Eldevik, one by Reichow, and one by Virues-Ortega) show that ABA is effective though they received scarce attention in the Hayes summary report. These metaanalyses included findings of large to moderate changes in IQ, intensive ABA intervention leads to positive medium to large effects in terms of intellectual functioning, language development, acquisition of daily living skills, and social functioning in children with autism and ABA is the treatment of choice. Dr. Bailey further testified about three additional studies (by Dawson, Zachor, Smith) that show that ABA is effective. For example, Dr. Bailey testified that the Zachor study is “well-conducted,” “well-respected,” “highly cited,” and “published in a good journal . . . with peer review,” and that the study concluded that the children receiving ABA “showed significantly greater improvements” than those children in the eclectic group. Further, Dr. Bailey stated that AHRQ did not acknowledge the significance of the Zachor study or its findings. Dr. Bailey testified that he is aware of 25 to 30 reviews of the literature and an additional 30 to 50 meta-analyses showing that ABA has been proven effective for children with autism. Notably, all the experts that testified for Plaintiffs and Defendant stated that they have never seen a study in the peer-reviewed literature where the authors concluded that ABA was ineffective as a treatment for children with autism or a study that characterized ABA as experimental. ... (pp 23-24)."

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You Listen Mister: Best Autism Advice This Autism Parent Ever Received

Following is a re-posting of an earlier comment: Irrational Neurodiversity Ideology Harms Children with Autism Disorders. As the title indicates it is my personal opinion, not as a lawyer, which I am, not as a medical professional which I am not. It is my view as an autism parent, of an ideology that I feel is harmful to many children with autism disorders, particularly those most severely affected by their autism. For these children solid research and medical opinion has told us for several decades now that early Applied Behavior Analysis is an effective treatment for autistic children. Yet there is an ideology promoted in the mainstream media, and even by US government appointments to the IACC, which reflect the misconception that anti-cure high functioning autistic persons can speak on behalf of severely autistic children, other people's children. In the most extreme cases the Neurodiversity ideologues even discourage parents of newly diagnosed autistic children from seeking early ABA intervention for their children. When parents exposed to this irrational ideology turn away from early intervention they may be harming their autistic children.

I was fortunate, and my son Conor was fortunate, that not too long after his autism diagnosis I attended an autism parent meeting where I met a registered nurse named Dawn Bowie. Dawn's autistic son was a couple of years older than Conor. When I began expressing some of my doubts about early intervention, doubts inspired by reading Neurodiversity literature, Dawn Bowie responded as perhaps only a nurse can do. She looked me right in the eye and in a very firm tone said "You listen mister you get treatment for your son, if you can, as much as you can".

There weren't many autism treatment resources available in Fredericton 14 years ago when my son was diagnosed at the age of two. But I sought out the treatment that Dawn recommended and I became an advocate for autism services in New Brunswick along with Dawn Bowie and many other autism parents. As the parent of a now 16 year old son I don't know if he could have attended school all these years, or if he would still be living with us, if he had not received the ABA he has received and if we had not learned how to manage his behavior through our own efforts to apply ABA principles at home. 

Early effective ABA intervention for your autistic child. It's the best advice I received for my autistic son. Absolutely check with your child's treating professionals but I suspect you will receive the same advice ... get as much early ABA treatment for your autistic child as you can. It was the best autism advice this father of a severely autistic son ever received. 

My previous commentary on the irrationality of, and harm caused by, Neurodiversity follows. It includes references to an American Medical Association commentay in which Dr. Magaret Moon questions the ethics of parents refusing available effective ABA treatment for their autistic children, parents who have imbibed the anti-cure rhetoric.  My comment also includes an earlier reference to Dawn's advice ... the best autism advice I ever received. 

 Irrational Neurodiversity Ideology Harms Children with Autism Disorders 

The American Medical Association has a commentary titled Can Parents of a Child with Autism Refuse Treatment for Him? by Dr. Margaret Moon on its Virtual Mentor AMA Journal of Ethics site, in which Dr. Moon discusses a clinical case where parents of a 6 year old boy was being treated for an earache confirmed to the attending physician that the behavior he displayed during the visit reflect his autism diagnosis two years earlier. The doctor advised the parents of an opportunity for treatment for the autism disorder but the parents refused. because his son's condition was an example of neurodiversity and was not pathologic. Dr. Moon discusses the ethical implications of the parents refusal to provide available treatment for their son's autism disorder including the question whether child protection agencies should be contacted by a doctor confronted with such a situation: 


"When Dr. Pittman questioned Dayton’s parents about his behavior, they told her he had been diagnosed with autism at age 4. His development, they said, was delayed. 

She asked what treatment Dayton’s parents had sought for him, and the answer shocked her. They were members of the autism self-advocacy movement and believed that Dayton’s condition was simply an example of neurodiversity and was not pathologic. They clearly adored their son, doting on him during the clinic visit and telling Dr. Pittman how they home-schooled him after the public school system failed to meet his social and educational needs. They accepted Dayton as he was and were determined to provide him with lifetime care. 

 Dr. Pittman viewed Dayton’s situation differently. She knew that with proper therapy and medication his condition could improve considerably—but only if treatment were begun as soon as possible. She worked at a nearby autism clinic, where Dayton could probably qualify for long-term treatment. When she mentioned this to Dayton’s parents, they wanted nothing to do with it. They were adamant in their belief that Dayton’s condition required no medical intervention. 


Dr. Pittman had encountered many adult patients with culture-based opinions about their health problems that she found hard to understand, but this was the first time she’d disagreed so fundamentally with parents about a situation that she believed would harm their child by limiting his future opportunities. She fought the urge to reprimand them for what she considered their neglect of his debilitating developmental problem. Did their treatment constitute child endangerment, she wondered? Would she be justified in contacting a child protection agency? 


 Parents and doctors will have to wrestle with the ethical implications of a parent refusing treatment for a child's autism disorder. Personally I don't really see an issue. A parent has no more right to refuse available treatment for their child's autism disorder then they would to refuse treatment for their child's broken foot. To suggest otherwise is simply to express the belief that mental health disorders are not as important as physical health issues. That is in itself a form of discrimination against those with mental health disorders. 

 The parents in that clinical case commentary are responsible for what happens to their child and they must wear the blame for their refusal of available autism treatment for their child, treatment that could help their child live a better, fuller life. The parents refused treatment even though it was available and assistance was offered by the doctor. 


Blame also rests squarely on the shoulders of those who have promoted the Neurodiversity ideology from Jim Sinclair to Ari Ne'eman and the large media institutions like the CBC, CNN, and New York Magazine for promoting the Neurodiversity ideology which harms children with autism. As applied to autism Neurodiversity is fundamentally irrational at its core. 


 Neurodiversity is irrational in that it accepts that a person can receive a medical diagnosis called autism, embrace the diagostic label "autism", identify with "autism", and in the same breath reject autism as being a medical condition. Neurodiversity is pushed by some very high functioning people who have been diagnosed with mental disorders listed in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. ND ideologues embrace the label of "autism" and yet reject the idea that autism is ... a medical disorder ... a mental disorder. 


When my son Conor was first diagnosed I read some of the ND literature, particularly commentary by Jim Sinclair. I was unsure whether to seek treatment for my son Conor or not. I attended a parents support group meeting where the topic was raised and I expressed my reluctance to seek treatment for my son Conor. I was fortunate because at that meeting was a registered nurse with a child with an autism disorder named Dawn Bowie. Dawn looked me square in the eye, pointed a finger at me and said "you listen mister, you get treatment for your son, if you can, as much as you can". 


I am a lawyer, a big guy who has seen a few things and I am not afraid of confrontation. Few people in my life have talked to me as Dawn Bowie did at that meeting about getting treatment for my son. She got my attention and I listened. Conor is much better off because Dawn had the guts to tell me, very emphatically, to snap out of it and do what had to be done to help him, to get treatment. The parents in the clinical case commented on by Dr. Moon did not apparently have a Dawn Bowie to read them the riot act. Many will also be exposed to Neurodiversity ideology, not just through internet bloggers but also through major media institutions that add a false air of legitimacy to this harmful ideology pushed by frequent big media interviews with very high functioning autistic persons who do not want to be cured. 


Even the administration of US President Barack Obama has legitimized this harmful ideology by promoting a very high functioning young man with Aspergers named Ari Ne'eman to sit on influential health and autism committees. Mr. Ne'eman has told the world that "WE", meaning all children and adults with autism do not want to be cured. He promotes the idea that autism and Aspergers are social conditions not medical conditions. 


Neurodiversity harms children with autism by promoting the view that autism should not be treated and influencing the decisions of parents such as those in the case commentary to refuse available autism treatment for their son. It is sad to think of the development opportunity lost by the boy with autism in the case study commentary by Dr. Moon. 

It is time for organizations from the CBC, CNN, New York Magazine to the Obama administration to stop romanticizing autism and to stop promoting the anti-cure nonsense of the harmful and irrational Neurodiversity ideology. Autism disorders are exactly that medical disorders, mental disorders. If treatment is is available parents of autistic children should seek effective, evidence based treatment from credible service providers for their children. If it is not readily available they should consider doing what was done in many states and provinces, including New Brunswick, they should advocate and fight for government sponsored autism treatment for their children. 


Do not subscribe to the Neurodiversity ideology. Your child with an autism disorder will pay the price if you do.

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Medicare for Autism Now Interviews Harold Doherty

This is the video of my interview on Medicare for Autism Now! Since that interview a US Federal Court Judge has ordered Florida Medicaid to provide Medicaid coverage of ABA for autism. California has mandated insurers to provide ABA coverage for autism and the US federal government has done the same thing in respect of US federal government employees. Meanwhile back in Canada .... nothing ... or worse. 

The sham autism symposium held after a panic stricken Canadian government cancelled a real national autism symposium in order to screen out and prevent real autism activists from attending has resulted in absolutely no gains for autistic Canadians. Little progress has been made across Canada and in some provinces, like New Brunswick under the current administration, we are actually seeing gains slip away. 

We need a new generation of advocates to step forward and join the fight for autistic children and adults. We need YOU!

adults.

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Jean Lewis, Canada's Foremost Autism Advocate, Provides Firsthand History of Canadian Autism Advocacy From an Experienced, Personal Perspective

I strongly encourage anyone with an autistic child or interest in autism services in Canada to watch this video by Jean Lewis, Canada's foremost autism advocate, who has lived and led much of the autism advocacy in Canada over the last decade. 

Jean is extremely well informed, articulate and authentic. She has lived the reality of severe autism and related disorders with her child and she, and her husband Michael, have fought with intelligence and determination to bring services to autistic children and adults in BC and across Canada.

 

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ABA Treatment for Autism: America Leads, Lets Catch Up Canada, Lets Get Moving Again!!



At one time the argument might have been made that Canada led North America in terms of provision of evidence based treatment for autism.  Strong parent advocacy had made gains in encouraging provincial governments in British Columbia, Alberta and New Brunswick to provide Applied Behavior Analysis treatment. Our federal government, however, refused to get involved in any meaningful way and the Harper government played politics with the National Autism Strategy. The pitiful National Autism Symposium was postponed to allow the deck to be stacked with anti-ABA advocates and to weed out ABA advocates including me.  Here in New Brunswick our successful provincial program for early intervention based on the recognized (Eric Larsson, David Celiberti) UNB-CEL Autism Intervention Training program has  been abandoned at both the early intervention and school levels in favor of  in house autism intervention "training". In New Brunswick gains made are being abandoned, in Canada federally they never started.  In the Courts our Supreme Court of Canada, apart from a human rights and statutory analysis,  opined in Auton that ABA was an "emergent" therapy, notwithstanding earlier findings by the US Surgeon General, among other prominent authorities, that ABA effectiveness as an autism treatment was backed by 30 years and hundreds of studies.

Our good neighbors to the south, however, are taking autism disorders more seriously with more states requiring insurance providers to include ABA treatment and a 2012 federal judge ruling ordered that Medicaid cover ABA treatment in Florida.  Now Autism Votes, an Autism Speaks initiative, reports that the US federal government has concluded that ABA is primarily a medical, not just educational, therapy with the result that autistic persons among the 8,000,000 US federal employees will be eligible for ABA treatment under their medical coverage: 

Autism Speaks Hails Landmark Federal Decision Calling Key Autism Therapy a ‘Medical’ Service Eligible for Insurance


NEW YORK, NY -- Autism Speaks hailed today’s announcement by the federal government, the nation’s largest employer, that Applied Behavior Analysis (ABA), the most widely used behavioral intervention used to treat autism, is a “medical” therapy that qualifies for health insurance coverage, rather than an “educational” service.

The decision by the U.S. Office of Personnel Management (OPM) involves health insurance coverage provided to the nation’s eight million federal employees, retirees, and dependents, under the Federal Employees Health Benefits (FEHB) Program. It could have even more far-reaching implications on the health insurance benefits provided all Americans living with autism, as it will be much harder for insurance companies to continue denying coverage for ABA treatment.
“The OPM decision directly contradicts a long-standing insurance industry claim that ABA therapy is not ‘medical,’ but rather ‘educational’ - provided by the schools at taxpayer expense,” said Peter Bell, Autism Speaks executive vice president for programs and services. “Now, tens of thousands of families will have better access to more affordable, critical ABA treatment.” 

The decision was rendered in the form of guidance to insurers who participate in the FEHB Program for policies that will be renewed or issued starting in 2013. The OPM decision does not require the insurers to cover ABA, but rather allows them to offer the coverage as it does many other medical treatments. The guidance reads: “The OPM Benefit Review Panel recently evaluated the status of Applied Behavior Analysis (ABA) for children with autism. Previously, ABA was considered to be an educational intervention and not covered under the FEHB Program. The Panel concluded that there is now sufficient evidence to categorize ABA as medical therapy. Accordingly, plans may propose benefit packages which include ABA.”

Autism Speaks has fought to provide families insurance coverage for ABA therapy through state-regulated plans, self-funded group plans that are regulated under federal law, the FEHB Program, and TRICARE for military families. In each instance, opposition to covering ABA treatment has been based in large part on the claim that ABA is educational, rather than medical."

In Canada our provincial government health care providers defined autism intervention as a social service rather than a medical necessity helping it avoid responsibility for autism coverage in the Courts. Canada still has an autism advocacy movement at work trying to right the Canadian autism ship which has floundered on the rocks of indifference.  Medicare for Autism Now! has been fighting hard to encourage our disinterested federal government to take autism seriously, meet with the provinces and get effective ABA treatment covered for autism under all provincial health care legislation.  

Wake up Canada! We are not falling behind in autism treatment we have already fallen way, way behind.  Get behind Medicare for Autism Now! and provide your support, get involved.  When we wave the Canadian flag this July 1st lets remember our autistic children in need of effective ABA treatment. If our American friends can wake up and address the autism crisis that confronts us all surely we Canadians can do so too,  EH?

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US Federal Judge: ABA Proven and Highly Effective Treatment of Children with Autism

It is hard to believe that in 2012 a government agency with responsibilities for the provision or administration of health care could take the position that ABA is an "unproven" treatment for autism.  That was the justification though of the Florida Agency for Health Care Administration in refusing to provide Medicaid coverage for ABA treatment for three persons with autism.   As reported  by the Miami Herald US Federal Judge Joan Lenard disagreed and ordered the FAHCA to provide the Medicaid coverage for the applied behavior analysis treatment: "U.S. Judge Joan Lenard ruled Friday that applied behavioral analysis be covered by Medicaid....Lenard held that ABA was a proven and highly effective treatment of children with autism."

Apparently the Florida Agency for Health Care Administration is not familiar with authorities from the US Surgeon General to the American Pediatric Association and  a number of state agencies that have reviewed the scientific literature and found ABA to be the most evidence based effective treatment for autism.  Or perhaps they   accidentally  subscribed to updates from anti-ABA activists Michelle Dawson and Laurent Mottron who have appeared (often) in the media and in Canadian legal and political proceedings in a prolonged and determined effort to prevent Canadian autistic children from receiving ABA treatment for their autism disorders.    Regardless, US Federal Judge Joan Lenard, in addition to issuing an order directing the agency to provide Medicaid coverage for ABA, has also educated the agency on the benefits of ABA treatment for children with autism disorders. 

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Medicare Coverage of ABA Treatment for Autism Is Important Because ...


Please watch Medicare's Orphans which details the fight for inclusion of health care treatment for autism disorders in Medicare in Canada and specifically the fight for medicare coverage of ABA. The medicare coverage of  ABA treatment for autism disorders is important because:

The effectiveness of ABA-based intervention in ASDs has been well documented through 5 decades of research by using single-subject methodology21,25,27,28 and in controlled studies of comprehensive early intensive behavioral intervention programs in university and community settings.29–40 Children who receive early intensive behavioral treatment have been shown to make substantial, sustained gains in IQ, language, academic performance, and adaptive behavior as well as some measures of social behavior, and their outcomes have been significantly better than those of children in control groups.31–4 (underlining added-HLD)
American Academy of Pediatrics, Management of Children with Autism Spectrum Disorders


The AAP 2007 report  Management of Children with Autism Spectrum Disorders was reaffirmed  by the AAP in September 2010:


REAFFIRMED
Clinical Report: Dealing With the Parent Whose Judgment Is Impaired by
Alcohol or Drugs: Legal and Ethical Considerations. Pediatrics. 2004;
114(3):869 – 873. Reaffirmed September 2010

Clinical Report: Identification and Evaluation of Children With Autism
Spectrum Disorders. Pediatrics. 2007;120(5):1183–1215. Reaffirmed
September 2010

Clinical Report: Management of Children With Autism Spectrum Disorders. Pediatrics. 2007:120(5):1162–1182. Reaffirmed September 2010

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New York State Now Requires Insurers to Cover Treatment for Autism Disorders


While this Canadian autism father is annoyed by media attention given to Canadian researcher  Laurent Mottron's perpetual crusade to recreate autism disorders in the image of his mentor Michelle Dawson, and trivialize the plight of the 70% of persons with Autistic Disorder and intellectual disabilities, there is good news south of the border to brighten the day.  In New York state BuffaloNews.com reports that our sensible American neighbors have passed legislation requiring insurers in that state to cover treatment for autism disorders:

A measure requiring health insurers to cover autism disorders was signed into law Tuesday, making New York the 29th state to enact such coverage mandates for the complex neurobiological disorder ... The legislation, signed into law by Gov. Andrew M. Cuomo, was approved unanimously by both legislative houses in June.


Dr. Mottron must surely be disappointed that US states are moving to provide insurance coverage for autism treatments that he and his mentor Michelle Dawson opposed at the Supreme Court of Canada in the Auton case where she intervened as an "autistic" in an effort to prevent the British Columbia government from being required to fund ABA treatment for autistic children.  (Dawson's request for intervenor status was backed by Dr. Motton's affidavit in support).


The American Academy of Pediatrics and experts are referenced in the BuffaloNews article supporting early treatment for autism:


"The American Academy of Pediatrics says that there is no cure for autism-related disorders but that children, with treatment, can progress and learn new skills. Experts say early diagnosis is key to helping improve conditions for children afflicted with autism. "


The AAP has previously given clear guidance on effective treatments for autism:



The effectiveness of ABA-based intervention in ASDs has been well documented through 5 decades of research by using single-subject methodology21,25,27,28 and in controlled studies of comprehensive early intensive behavioral intervention programs in university and community settings.29–40 Children who receive early intensive behavioral treatment have been shown to make substantial, sustained gains in IQ, language, academic performance, and adaptive behavior as well as some measures of social behavior, and their outcomes have been significantly better than those of children in control groups.31–4

American Academy of Pediatrics,Management of Children with Autism Spectrum Disorders


The AAP 2007 report  Management of Children with Autism Spectrum Disorders was reaffirmed  by the AAP in September 2010:



REAFFIRMED

Clinical Report: Dealing With the Parent Whose Judgment Is Impaired by
Alcohol or Drugs: Legal and Ethical Considerations. Pediatrics. 2004;
114(3):869 – 873. Reaffirmed September 2010

Clinical Report: Identification and Evaluation of Children With Autism
Spectrum Disorders. Pediatrics. 2007;120(5):1183–1215. Reaffirmed
September 2010

Clinical Report: Management of Children With Autism Spectrum Disorders. Pediatrics. 2007:120(5):1162–1182. Reaffirmed September 2010

Unfortunately in Canada the views of Dr. Laurent Mottron and his mentor Michelle Dawson concerning ABA treatment of autism disorders hold great sway with the government of Prime Minister Harper which invited them to the national autism symposiums from which Canadian ABA advocates were banned despite having fought for a national autism strategy which led to the symposiums. 

In Canada the fight for ABA coverage for autism disorders continues though and determined parents and professionals will not give up. Although the mainstream media loves the feel good picture of autism created by Neurodiversity ideologues like Mottron and Dawson a history of the struggle for treatment for our autistic children can be found online at Medicare's Orphans

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Medicare's Orphans and The Supreme Court of Canada's Failure to Protect Children with Autism Disorders

On November 1, 2011 the film Medicare's Orphans was released by Medicare for Autism NOW! It is an excellent presentation of the history of the fight for medicare coverage of autism treatment in Canada and includes comments about the Supreme Court of Canada's monumental failure, in the Auton decision,  to ensure that Canadian governments provide coverage for treatment for autism disorders, a serious and disabling condition for many who suffer from it.


Medicare's Orphans. from MedicareForAutismNow on Vimeo.

Following is a reprint of a comment I posted on March 28, 2009 which reviewed the Auton decision in which the Supreme Court of Canada turned their back on our children with autism. 

The comment includes a stinging criticism of the Auton decision in a submission to the United Nations Committee on Economic, Social and Cultural Rights as part of the Committee's 2006 Review of Canada’s Fourth and Fifth Periodic Reports Under the ICESCR (International Covenant on Economic, Social and Cultural Rights) by the CCPI a national committee of  low-income individuals, anti-poverty organizations, researchers, lawyers and advocates for the purpose of assisting poor people in Canada to secure and assert their rights under international law, the  Canadian Charter of Rights and Freedoms ("the Charter"), human rights legislation and other law in Canada.

Saturday, March 28, 2009


What did the Supreme Court of Canada decision in Auton mean?

The decision was a stunning setback for autistic children and their families who were trying to help them receive treatment for their autism disorders. In practical terms it meant that parents seeking to compel governments to provide treatment for their children' s autism disorders would have to do so through political action. Canadian courts received a clear direction to show deference to the economic and policy decisions of governments with respect to disadvantaged groups like autistic children. No substantive right to treatment for autism was found to exist unless governments decided to provide the treatment. A complaint of discrimination could not be founded unless government had decided to provide the treatment and then did so in a discriminatory fashion.

The decision of the Supreme Court of British Columbia in Auton v. A.G.B.C., 2001 BCSC 220 (CanLII), upheld on appeal by the British Columbia Court of Appeal, Auton (Guardian of) v. British Columbia (Attorney General), 2002 BCCA 538 (CanLII), had energized autism advocates across Canada. The fact findings and rulings by the Honourable Madam Justice Allan of the Supreme Court of British Columbia were, in my view, consistent with the spirit and intent of the equality provisions of the Charter of Rights and Freedoms that section of Canada's Constitution which is also intended to help fulfill in domestic law Canada's international human rights commitments. Her conclusions about the realities of autism spectrum disorders and the efficacy of Applied Behavior Analysis as a medical treatment have been borne out by the subsequent findings of other bodies, in particular the American Academy of Pediatrics, Management of Children with Autism Spectrum Disorders, 2007. Ultimately the Supreme Court of Canada reversed the decisions of Justice Allen and the British Columbia Court of Appeal and effectively quashed any legal recourse to compel Canadian governments to provide treatment to autistic children.

The Auton decision is one of three cited in the Submission of the Charter Committee on Poverty Issues to the United Nations Committee on Economic, Social and Cultural Rights as part of the Committee's 2006 Review of Canada’s Fourth and Fifth Periodic Reports Under the ICESCR (International Covenant on Economic, Social and Cultural Rights). The CCPI argued that Canada has failed to ensure effective remedies to Covenant rights. Specifically Canada has chosen not to make the Covenant directly enforceable in its courts.

The CCPI analysis of the Auton decision follows in full:

"In the Auton case, the Supreme Court dealt for the first time with the question of whether the right to equality under s.15 of the Charter imposes positive obligations to provide specialized treatment for autistic children. The parents of children with autism argued that that children with autism have unique needs and that a refusal by governments to meet those needs has a discriminatory consequence in terms of fundamental issues of dignity, security and human development. This was really the first case to explicitly challenge the Court to recognize that governments have an obligation to meet the unique needs of a clearly disadvantaged group. As such, it attracted ten governmental interveners – Canada and nine provinces, all of whom argued that the Court should not interfere with governments’ decisions on how to allocate scarce resources in healthcare, and that the right to equality should not be interpreted so broadly as to impose this kind of obligation on governments.

The Chief Justice, writing for a unanimous Court, found no violation of the right to equality. Disregarding the Court’s openness on earlier occasions to a broader paradigm of positive obligations consistent with the right to health and other Covenant rights, McLachlin, C.J. declared that the legislature “is free to target the social programs it wishes to fund as a matter of public policy, provided the benefit itself is not conferred in a discriminatory manner.”50 The Court found that to establish a claim of discrimination, the petitioners would need to show differential treatment in comparison to a comparator group - “a non-disabled person or a person suffering a disability other than a mental disability (here autism) seeking or receiving funding for a non-core therapy important for his or her present and future health, which is emergent and only recently becoming recognized as medically required.”51 Without a comparator, those with unique needs have no protection from inequality of benefits. The Chief Justice simply asserted that “there can be no administrative duty to distribute non-existent benefits equally.”

The Supreme Court was considering, in Auton, really for the first time, the constitutionality of doing nothing to meet the needs of an extremely disadvantaged group in society. It appears to have affirmed, in shocking fashion, the government’s ‘right’ to do nothing. The Court made no reference to international human rights law, and made no effort to interpret the right to equality in a more substantive manner, consistent with this Committee’s General Comment No. 9."

In every day language the Supreme Court of Canada in the Auton decision rendered the equality provisions of the Canadian Charter of Rights and Freedoms, and Canada's commitments under the International Covenant on Economic, Social and Cultural Rights meaningless. The analytic gymnastics performed by the Court amounted to saying that if a group is disadvantaged in a way that can not be readily compared to the treatment afforded a comparative group then it can not even begin to assert a claim pursuant to the equality provisions of the Canadian Charter of Rights and Freedoms. Unless governments grant or recognize a right to specific services by disadvantaged groups Canadian courts will be of no assistance in compelling governments to provide such services.

To paraphrase the CCPI submission the Supreme Court of Canada, in the Auton decision, recognized the constitutionality of government's right to do nothing to help the disadvantaged - in that case autistic children.

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My Son Is An Autistic Disorder Therapeutic Market Opportunity?

Pharma view of my son 



My view of my son

Apparently when pharmaceutical company executives contemplate the Autistic Disorder which limits the life of my son,  and the lives of many who suffer from the limitations imposed by Autistic Disorder, they see Autistic Disorder Therapeutic Market Opportunities, as described in thepharmaletter:

"The autism spectrum disorder (ASD) therapeutics market was valued at $3.1 billion in 2010 and is forecast to grow at a compound annual growth rate (CAGR) of 7.5% over the next eight years to reach $5.5 billion by 2018, finds GlobalData’s new report titled Autistic Disorder Therapeutics.

This market growth is primarily attributed to the high prevalence (0.6% to 1%) and prevalence growth rate (10-17%) of ASD in the US and in certain European countries. Co-morbidities such as anxiety, epilepsy and depression associated with ASD also contribute to the growth of the ASD therapeutics market.

...

Preference for educational/behavioral therapy over medication

GlobalData’s analysis suggests that educational/behavioral therapies such as Applied Behavioral Analysis (ABA) through environmental changes and behavior modification are the preferred treatment options for ASD patients. There are two approved drugs available on the market for the treatment of irritability associated with autistic disorder; while off-label drugs are prescribed to provide symptomatic relief only.

Therefore, behavioral therapy is the preferred treatment option over drug therapy. However, drug treatment is still required in certain physiatric disorders and with certain challenging behavior associated with ASD. Approximately 50%-70% people are prescribed drug therapy as behavior therapies alone are not always sufficient for managing the disease."

Translating from Pharma Speak ($$$) into one of the known human languages (English): pharmaceutical corporate profits should continue to rise with increases in Autism Spectrum Disorder diagnoses. Not to worry about ABA and other behavioral interventions ... "preferred" options ... depriving "pharma" (their expression not mine) of profits.

I hope pharma will forgive me. When I see my son I do not see an Autistic Disorder Market Opportunity I see a wonderful and amazing boy who has enriched my life in a way not contemplated in pharma newsletters.  I don't see $$$ when I see my son.  I see his amazing smile, his laughter, the joy he brings us each day.

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Autism and ABA Translated: Jacobson, Mulick and Green 1998

The fight to ensure that children with autism disorders receive treatment for their disorders engages many different people with many different priorities.  Autism advocates do meet political leaders and civil services officials who genuinely care.  But we also encounter those whose only concern is the bottom line, the mighty dollar.  To persuade these people that autistic children deserve treatment for their autism disorders you have to speak their language.  That is exactly what Jacobson, Mulick and Green did in 1998 with their paper Cost-Benefit Estimates For Early Intensive Behavioral Intervention For Young Children With Autism-General Model And Single State Case, Behavioral Interventions, Behav. Intervent., 13, 201-226 (1998)(headnote):

"Clinical research and public policy reviews that have emerged in the past several years now make it possible to estimate the cost-bene®ts of early intervention for infants, toddlers, and preschoolers with autism or pervasive development disorder-not otherwise specified (PDD-NOS). Research indicates that with early, intensive intervention based on the principles of applied behavior analysis, substantial numbers of children with autism or PDD-NOS can attain intellectual,academic, communication, social, and daily living skills within the normal range. Representative costs from Pennsylvania, including costs for educational and adult developmental disability services, are applied in a cost-benefit model, assuming average participation in early intensive behavioral intervention (EIBI) for three years between the age of 2 years and school entry. The model applied assumes a range of EIBI e€ects, with some children ultimately participating in regular education without supports, some in special education, and some in intensive special education. At varying rates of effectiveness and in constant dollars, this model estimates that cost savings range from $187,000 to $203,000 per child for ages 3-22 years, and from $656,000 to $1,082,000 per child for ages 3-55 years. Differences in initial costs of $33,000 and $50,000 per year for EIBI have a modest impact on cost-benefit balance, but are greatly outweighed by estimated savings. The analysis indicates that significant cost-aversion or cost-avoidance may be possible with EIBI."

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LA Times Gets It Right: ABA Is An Autism Treatment Worth Funding

I am a frequent critic of the mainstream media's tendency to misrepresent autism disorders. The mainstream media routinely presents feel good stories of autistic accomplishments, painting autism as merely a different way of thinking and speculating that many of histories great geniuses were probably autistic.  Discussion of autism treatments ranges from riding horses in Mongolia to swimming with dolphins.  More serious mainstream media treatments of autism treatments will acknowledge that early intervention is important for successful outcomes without mentioning ABA, applied behavior analysis, the most solidly evidence backed treatment shown for many years to result in a number of intellectual, language and behavior gains in autistic children who receive early intensive ABA intervention.

I have criticized all aspects of mainstream media misrepresentation of autism including the tendency to hide the evidence based effectiveness of ABA known for many years and confirmed by authorities from the US Surgeon General to the American Academy of Pediatrics.  It is only right that I acknowledge, with gratitude, when a mainstream media institution gets it right as the LA Times has done with its clear, straight to the point,  statement about the importance of ABA as a treatment for autism disorders:

"An autism treatment worth funding


Editorial


A California bill would require insurance companies to cover the cost of applied behavioral analysis for the autistic. It's good policy.


September 30, 2011


State law requires insurers to include coverage for autism in comprehensive healthcare policies. Now, lawmakers want to go a step further, requiring coverage of a particular autism treatment: applied behavioral analysis. Insurers are resisting. They don't question the effectiveness of the therapy; they just say it doesn't fit the definition of "medical" treatment. Their position reflects how crucial parts of the healthcare system are wedded to the status quo, regardless of what's best for patients. State lawmakers have passed a bill to overcome the insurers' resistance, and Gov. Jerry Brown should sign it."

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Autism Pundit's Sound Advice for Autism Speaks


Autism Pundit is the new autism blog by Dr. Sabrina Freeman, a mother of an autistic daughter, who has been a powerful advocate for evidence based treatment for children with autism, and whose "about the blogger"  section states in more detail:

"Sabrina Freeman, Ph.D. (1958-) was born in Montreal, Quebec, and grew up in Vancouver, British Columbia. She graduated from Stanford University in 1995 with a Ph.D. in Sociology, specializing in small group research and the study of organizations. Upon her return to British Columbia, Freeman spent 14 years advocating for the rights of children with autism to be included in the government funded health care system for their core health need -- autism treatment. During this period, so many parents were desperate to access treatment programs that Freeman created a 35 minute VHS/DVD [Autism: Now What Do I Do?] to help guide parents through setting up science-based treatment programs for their children. In 2002, she was awarded Queen Elizabeth's 50th Golden Jubilee Medal for advocacy work done on behalf of children afflicted with autism. Freeman's advocacy culminated in the now famous Supreme Court of Canada ruling Auton (Guardian ad litem of) v. British Columbia in 2004.

During the last 15 years, Freeman wrote several books on autism, one of which [Teach Me Language] has been subsequently translated into French, Italian and Norwegian. The next book she wrote, [Science for Sale in the Autism Wars], chronicles the struggle children with autism face against a system that does not recognize their rights to treatment. Her most recent book [The Complete Guide to Autism Treatments (2011)] is an up-to-date evaluation on the various treatments offered for children with autism. Her hope is that through her scholarship, thousands of parents will not have to go through the uncertain journey of generations of parents of newly diagnosed children. Instead, she offers parents a way to quickly evaluate various treatments and make sure that their child receives science-based treatment rather than treatments based on testimonials and good wishes."

Dr. Freeman's blog promises to rapidly become one of the best autism blogs on the internet.  Her writing style is direct and does not cater to political correctness. A good example is a comment posted yesterday called "We're Aware Already!" in which she offers sound advice to Autism Speaks on two important points. 1. The need to educate ... sorry .... encourage ... many pediatricians to drop their opposition to routine early screening for autism. 2. Start publicizing the fact that ABA has been recognized as best autism practices since 1999 by the US Office of the Surgeon General and other key agencies:

"It is time for the Autism Speaks folk to publicize the fact that:
a) The U.S. Surgeon General has recognized Intensive Behavioral Treatment as best practices for autism treatment since 1999 (that was twelve years ago)!
b) New York State has also recognized Intensive Behavioral Treatment as 
best practices since 1999(that was twelve years ago)!
c) Over 50% of
 
states in the U.S.
 have passed autism mandates forcing insurance companies to pay for treatment!

Once the mover’s and shakers i.e. the well funded charities, in the autism community recognize the above facts, only then will we be able to move beyond awareness into early intensive behavioral treatment for all the children who desperately need it!
What are we waiting for?"

I have already listed Autism Pundit on my sidebar as one of my favorite blogs to visit. If you are interested in helpful autism commentary I recommend Autism Pundit a blog which is serious about helping autistic children and adults written by someone who is extremely well informed, experienced in real autism advocacy, and who is a top notch writer. I encourage you to take a look at Autism Pundit and make it one of your regular blogs to visit.

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