2010 Legislative Session Overview
The legislative session this year was quite a roller coaster. There were many pitfalls this years that were avoided in the the end — thanks to historic grassroots advocacy efforts from the Autism community and from the Disability community as a whole. Most notably, we were able to thwart attempts to make it more difficult to obtain insurance coverage for medically necessary care for individuals who have autism.
Thanks to the advocacy efforts of parents family and friends across Minnesota, children who have autism and other disabilities will continue to be eligible for the state’s high risk insurance pool called the Minnesota Comprehensive Health Association (MCHA). We will have to remain vigilant against efforts to prevent children with autism from accessing MCHA. With increased grassroots efforts next year, hopefully we will pass legislation that will end the six-month wait imposed by MCHA on all children who have autism or other pre-existing conditions.
The Autism Healthcare Protection Act
Autism insurance reform gained a groundswell of support in the Minnesota House and across the disability community. Hundreds of phone calls, emails and visits from parents, friends and family have persuaded most legislators that autism is treatable and that insurance plans are unfairly discriminating against individuals who have autism. Unfortunately, our grassroots effort was obviously too little and too late. The Act did not pass this year. We ran into a brick wall in the conference committee process — a brick wall composed entirely of Senators. To overcome this opposition we must increase our grassroots advocacy tenfold!
We have, however, accomplished an incredible feat: most legislators now understand that autism is treatable and that our kids can get better! Now our task is to convince a few influential Senators. To do this, we will need to crank up our grassroots advocacy efforts. This year we generated hundreds of contacts with legislators — next year we must generate thousands!!
When I started this work more than two years ago most legislators had no idea that effective treatments and therapies exist for autism. Now, many are convinced that children who have autism can improve tremendously if they have the opportunity to receive effective interventions and treatments.
By the end of the session, much of the Disability Community rallied around families affected by autism and worked to help spur on grassroots advocacy. I am especially grateful to the Arc of Minnesota and the Arc Greater Twin Cities for their support and for sending out action alerts to their members urging them to call their legislators. The Autism Society of Minnesota also endorsed the bill and sent several action alerts to its members — thank you!
As more and more of the Disability Community in Minnesota join the effort to improve private insurance coverage for individuals who have autism, our chances of passing the Autism Healthcare Protection Act increase exponentially!
Many thanks are also due to AutismSpeaks — for its ongoing encouragement and support since this effort first began in Minnesota. Thank you AutismSpeaks!!
I am very hopeful about our chances to pass this important legislation next year because of the outpouring of support that came from the Disability Community and from parents, friends and family across Minnesota. If we can increase this support and strengthen out grassroots efforts, than surely we can convince a few senators to get out of our way!
Home Nursing Care
The legislature did approve legislation that will require private insurance to cover private duty home nursing care. This will help many families who have children with special healthcare needs.
PCA Services
Harmful legislation that would have further reduced PCA (Personal Care Attendant) hours for individuals with disabilities was averted. Many families are, however, reeling from the changes made in 2009 to PCA services which resulted in hugs reductions in PCA time to individuals who have autism and other behavioral challenges.
The most important change this year is that an individual PCA is not permitted to work more than 275 hours in one month. This equates to 9.16 hours a day for a 30 day month.
Parental Fees
Once again, the good news is that it could have been worse. A proposal to add $6,000 a year to parental fees for families above 525% of the federal poverty guidelines was changed at the last minute — thanks to effective advocacy work from the Disability Community. Parental fees will still increase, but the increase is based on a gradual sliding scale rather than a cliff.
Here is the new sliding scale, based on a family’s Adjusted Gross Income compared to the federal poverty level:
100%-175% = $4/mo. parental fee
from 175 to 525% = sliding fee scale 1-8%
525-675% will pay 9.5%
greater than or equal to 675% and less than 900% = sliding scale 9.5% to 12 %
equal to or greater than 900% = 13.5%
Parental fees are basically a progressive tax on families who have children with disabilities. The 2010 legislature had few if any qualms about raising these fees, however.
What is next?
The budget deficit next year is projected to be nearly twice as much as this year. Where will cuts be made? Children’s mental health, PCA services and parental fees will all be on the table once again. Insurance plans will also continue their lobbying efforts to prevent children who have autism from receiving the same insurance coverage that is afforded to other diagnosis and conditions.
We must work together to avoid devastating cuts, further increases to parental fees, and ultimately, to pass the Autism Healthcare Protection Act.
What can you do now?
Build relationships. Every legislator is up for re-election this year, and the next Governor will have the power to make incredible changes to healthcare in Minnesota. Please get involved. Volunteer to help door-knock, make phone calls, or host a fundraiser. Talk to your chosen candidate about autism and your own family’s experience. Tell them that it is important to you that the Autism Healthcare Protection Act pass next year and ask if they will commit to supporting it.
One person is needed to bring about change — you. Your help is needed for every child diagnosed with autism — because there is so much to do and so little time to fail.
Amy Dawson is the parent of twins, one of whom has autism and special health care needs. She began practicing law in 1992 at the firm of Faegre & Benson, L.L.P. in Minneapolis. She also worked at the PACER Center and is a member of the Board of the Arc Greater Twin Cities. Amy’s law practice focuses on issues related to autism, disabilities, insurance and estate planning.
Bob Gunderson inspired me to devote my practice to individuals who have disabilities, their families, and the organizations that serve them. Bob Gunderson was my mentor, friend and colleague and I miss him very much. Bob Gunderson served the disability community as an attorney, as a brother, and as a dedicated volunteer who spent many hours in service to organizations such as Opportunity Partners, Fraser, PACER, and the Arc of Minnesota and Arc Greater Twin Cities.