Florida Autism Spectrum Disorder Legislation – Bill Signing; Will This Legislation Help Me?

Good morning.

As you probably know by now, on May 2, 2008, the Florida House and Senate approved a revised version of Senate bill 2654 entitled “Relating to Children with Disabilities.”  This bill will become law on July 1, 2008.

Rumor has it that Governor Crist will sign the bill at 2 p.m. tomorrow, Tuesday, May 20, 2008.  I have heard that the signing will be on campus at Nova Southeastern University in Davie, Florida, either at the CARD center or at the Mailman Segal Institute's Baudhuin Preschool. 

A significant percentage of Florida’s citizens are beneficiaries of employer sponsored heath plans and other health insurance policies that will be exempt from the coverage mandates in this legislation.  It will be difficult for most families to determine if this legislation will actually help them.  Some have estimated that only 14% of those with insurance coverage will actually benefit from the mandated insurance coverage in this legislation.  Accurate data to support such estimates is hard to find.  Learning whether you are covered may be even more difficult.

Senator Geller, the bill’s sponsor, should be proud of what he accomplished, but not too proud.  Much more can be done to help children with autism spectrum disorders.  Only some of these efforts would require state funding.  It is important that the legislation’s supporters get credit for what they have done, so far.  It is also essential that their constituents understand the legislation’s limitations and the work yet to be done. You may be disappointed or even angry if you learn that this legislation will not help your child or your family.  You may be particularly upset if you praise your representatives, and then learn that they have not accomplished as much as you thought.  I suspect that many families will learn for the first time that the bill does not apply to them when they submit a claim that is rejected as not covered.  In most cases, parents may blame only the insurance company, thinking incorrectly that the rejection is noncompliance.  The answer is much more complex.

For an excellent perspective on this topic see the post this morning by Steve in Florida @ http://www.autismspeaks.org/community/forums/showthread.php?t=3895 :

There will most probably be much political backslapping and handshaking with much congratulating for a job well done.  I would urge anyone going to give credit where credit is due, however to reserve their praise with a reminder that this should be viewed as only a first baby step. In my opinion any undo praise from us parents will just make it harder to revisit the issue next session and there is still much to do.  When it comes to politicians and insurance companies – your gratitude will be mistaken for satisfaction, and your kindness will always be mistaken for weakness.

Parents should communicate their interest in continuing reform to their representatives.  Personal contact works best, either by phone or personal visits with your children.  Emails work, but not as well, particularly during the session.  The best time to contact your representatives is today.  Let them know early and often that you have needs that this legislation did not address.  If you wait until the session starts in 2009, it may be too late.  Much of the work on new legislation for 2009 will take place during the fourth quarter of 2008 (October through December).  To get on the agenda, you need to start today.  If you live nearby, try to attend the bill signing and let Governor Crist and others in attendance know that you appreciate their efforts and that they need to accomplish much more before the end of the next session.

As soon as I can, I will post a summary of the legislation, a more comprehensive explanation (if you have time to read it), and answers to some questions you may have about the legislation.  If I do not answer your question, please let me know.  I will do what I can to answer general questions.

Richard