Illinois Law Requires Health Insurers To Cover Autism Treatments

Illinois is poised to become a North American autism treatment leader by requiring insurers to provide coverage, up to $36,000, for autism treatments. CBS2Chicago reports that the Illinois legislation has passed and is awaiting the signature of Governor Rod Blagojevich who applauded the passage of the legislation and who fought for it over the past year.

Here in Canada we have a public health care system but autism treatment is not dealt with by our federal or provincial health departments. Our federal Health Ministers have provided no meaningful assistance or leadership on autism treatment and our provincial governments fund autism treatments, to different degrees, as social services not as medical treatments.

Provincial governments provided autism treatment as a social service to strengthen their positions before the Supreme Court of Canada in the Auton case where the SCC decided that ABA autism treatment was not medically necessary treatment, as defined by the provincial legislature, and for that reason no discrimination contrary to the Canadian Charter of Rights arose. The Court's decision was essentially a bow of deference to the policy making authority of legislatures.

New Brunswick was one of the provinces which adopted the social services characterization autism treatment as the Auton case made its way to the Supreme Court. Here the Department of Health had primary carriage of issues relating to autistic disorders and other autism spectrum disorders. On April 1, 2003 the Minister of Health announced some funding for autism programs in New Brunswick. Shortly thereafter the primary responsibility for autism "services" was transferred to the Department of Family and Community Services (now called the Department of Social Development) where it remains to this day.

Illinois and Governor Blagojevich deserve great credit for their honest and determined effort to provide autism treatment coverage for Illinois children with autism spectrum disorders. Autism treatment is a health and medical treatment not a social service. That autism reality, abandoned in Canada for legal strategic reasons is confirmed in this Illinois legislation

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On Autism Issues Illinois Governor Shames Canada's Party Leaders

There is a federal election underway in Canada but autistic children and adults and their families are not included. NONE of the leaders of Canada's federal parties will commit to taking any real action to help. Not one.

Conservative leader Stephen Harper and his party continue their longstanding and total neglect and lack of concern for autistic children and adults in Canada. NDP leader Jack Layton recounts the excellent work done by NDP MP Peter Stoffer, a true champion of autistic individuals and their families, but makes no commitment himself, or on behalf of his party, to help. Likewise Liberal leader Stephane Dion who actually voted for Liberal MP Shawn Murphy's unsuccessful motion to amend the Canada Health Act to provide ABA coverage for autism under Medicare has offered to talk to provinces and stakeholders to listen to their "concerns". Green Party leader Elizabeth May has, so far, been silent on autism issues.

In the US, by contrast, Illinois Governor Rod Blagojevich called lawmakers into special session to deal with a state Senate committee measure that seeks to require insurance companies to cover expanded treatment for autism, as reported in the Chicago Tribune:

It's the Senate's third attempt this year to approve the measure, which would require insurers to cover up to $36,000 a year and unlimited doctor visits until age 21 for people with autism spectrum disorders.

In Illinois Governor Blagojevich takes action to ensure funding for autism treatment. In Canada our federal leaders either ignore autism altogether or offer self congratulatory sermons with no commitment or action to back them up. I am sure Governor Blagojevich does not have Canada in mind with his determination to help autistic children and their families in Illinois but he does, by example, put our federal leaders to shame.

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Autism Zero to Autism Hero - Illinois Governor Blagojevich

In an August 2007 comment I had referred to llinois Governor Rod Blagojevich as an autism zero. Because of his recent actions I now have to retreat from that description. Perhaps I did not understand the complexities of Illinois politics in the first place, which I admit is probably the case, but regardless, Governor Blagojevich has gone from autism zero to autism hero.

As described in Illinois Leading the Fight Against Autism on Health News:

The state's governor, Rod Blagojevich, used his amendatory veto ability to add autism coverage language from Senate Bill 1900 to House Bill 4255, a bill that required public employee health plans to cover preventative physical therapy treatment for multiple sclerosis patients. The new bill would be expanded to require insurers to cover autism diagnosis, psychiatric and psychological services, and to include occupational, behavioral, physical and speech therapy. Insurers would also be required to pay up to $36,000 a year per patient and to provide an unlimited number of medical visits for autism patients until the age of 21. Senate Bill 1900 was defeated earlier this year, despite broad bi-partisan support.

Hopefully Bill 4255 will become law, to the benefit of autistic children in Illinois. It could also stand as an example to other jurisdictions and politicians, including Canada and Prime Minister Stephen Harper, of how to address autism seriously.

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