Nebraska should pay for treatments needed by children with ASD, says judge

Lancaster County, Neb. — A Lancaster County judge ruled Tuesday that the state of Nebraska must pay for the treatments needed by children with autism spectrum disorder (ASD) who are Medicaid-eligible.

District Judge John Colborn decided in his 19-page order that the Nebraskan Department of Health and Human Services violated federal law through a policy it adopted that excludes treatments that are often deemed necessary by doctors for children with ASD.

Judge Colborn ordered the state to immediately refrain from enforcing its unlawful policy, and to start covering treatments such as Applied Behavior Analysis for Medicaid-eligible children with ASD.

The organization responsible for filing the lawsuit, the Nebraska Appleseed Center, released a statement Wednesday calling Judge Colborn’s decision a “big win” for the Nebraskan children. According to Legal Director Sarah Helvey:

“This ruling is an important victory for Nebraska families with children who have been wrongfully denied access to essential mental and behavioral health treatments that were recommended by their doctors.”

“The court’s ruling will allow more children to get the care they need to have the best possible future.”

The state’s Department of Health and Human Services, on the other hand, said it is coordinating with the Attorney General to determine what steps need to be taken next. According to HHS Spokeswoman Kathy Osterman:

“I can tell you that we’re reviewing the decision and working with the Attorney General’s Office to determine our next steps.”

The lawsuit filed by Appleseed stemmed from a case of two young children with autism who were denied the treatments recommended by their doctors because of the policy the HHS was implementing.

The state of Nebraska has been given 30 days to decide whether it wants to appeal the judge’s decision.

Source: Lori Pilger: JournalStar.com: Judge: State must cover medically necessary autism services

Click here for reuse options!
Copyright 2018 Autism Daily Newscast

Top Stories and Breaking News

Researchers hope to revolutionize autism diagnosis through Autism & Beyond app

New York — A team of researchers from Duke are hoping to revolutionize how autism is diagnosed in young children through an iPhone app called ‘Autism & Beyond’. The researchers are working closely with Apple in hopes of improving how autism is diagnosed in children today. Due to the surge of the number of children […]

The damage of Chlorine Dioxide also peddled as Miracle Mineral Solution

For those of you that do not know there’s a very real threat to our autistic children in the world today. Naive parents and carers are being told that parasitic worms are the cause of autism in their children. They are being told that if they remove these worms with CD (Chlorine Dioxide) treatments the […]

Blogging mother, Temporary Tourist, shares her experiences of Disney’s Guest Assistance rule change

We’ve had mixed responses on Disney’s decision to change the Guest Assistance Card system. We reported Autism Hippie’s experiences on October 11. Disney implemented a change in their guest assistance cards for children and adults with special needs on October 9 after reports that people were flagrantly abusing the old system. Cards called Disability Access […]