The Impact of Autism Laws in Tennessee

Understanding Autism Legislation

Autism legislation, at both federal and state levels, plays a pivotal role in safeguarding the rights of individuals with autism and ensuring they receive necessary support and services. These laws guide the framework for education, healthcare, and societal interaction for autistic individuals, and are crucial in empowering them and their families.

A Look at Federal Autism Laws

At the federal level, several crucial laws impact the lives of individuals with autism. Two notable ones are the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA).

The ADA safeguards the rights of autistic adults, prohibiting discrimination in various aspects of public life such as employment, education, transportation, and public accommodations. Autistic adults are protected from discrimination in hiring, firing, promotions, and other employment-related matters [1].

The IDEA, on the other hand, focuses on the educational needs of children with disabilities, including those with autism. It mandates public schools to provide a free and appropriate public education to these children, which includes specialized instruction, accommodations, and services tailored to the specific needs of each student. Furthermore, IDEA also requires transition services for students with disabilities to facilitate their progression into adulthood, including employment and post-secondary education opportunities.

State-Specific Autism Laws

In addition to federal laws, each state has its own specific set of autism laws, which further enhance support for autistic individuals and their families. Some states have implemented autism insurance mandates, which require insurance companies to cover the costs of autism-related treatments and services [1].

Moreover, a few states have enacted laws that require training for law enforcement officials on how to effectively interact with individuals with autism. This aims to prevent misunderstandings and minimize the unnecessary use of force. This is particularly relevant given that autistic individuals face a disproportionate representation in the criminal justice system, with higher rates of arrest, charges, and incarceration compared to those without autism. Communication difficulties, social misunderstandings, and behaviors stemming from autism can often be misinterpreted, leading to encounters with law enforcement.

Understanding these laws, both at a federal and state level, is essential to ensure that the rights and interests of individuals with autism are protected and that they have access to the resources and support they need. As we delve deeper into the specifics of autism laws in Tennessee, we will explore how these laws impact autistic individuals and their families in the state.

Autism Laws in Tennessee

Tennessee has specific laws pertaining to insurance coverage and governmental support for autism. These laws have been enacted to help families navigate the challenges of caring for a child with autism.

Insurance Coverage for Autism in Tennessee

In 2009, Tennessee enacted a law known as the "Autism Insurance Act". This law mandates insurance companies to cover the diagnosis and treatment of autism spectrum disorder (ASD) for children under the age of 12. The law specifically targets medically necessary treatments such as behavioral therapy and speech therapy. However, it's worth noting that this law does not apply to self-insured plans or plans not regulated by the state.

The same legislation mandated that health benefit plans offering coverage for autism services must cover Applied Behavior Analysis (ABA) therapy for up to $25,000 annually, with a lifetime maximum of $50,000 per individual. However, the law stipulated that ABA therapy would only be covered if the treatment was deemed effective by an independent review panel selected by the insurance commissioner.

Despite the requirement for this independent review process, only two providers applied, both of which were approved.

Governmental Support for Autism in Tennessee

In addition to insurance coverage, Tennessee provides governmental support for individuals with autism via the Family Support Program. Established in 1992 at the urging of disability advocates and families, this program is funded by state dollars to assist individuals with severe disabilities and their families to remain together in their homes and communities [4].

Eligibility for this program is limited to persons with severe disabilities residing in the community in an unsupported residential setting, who are not receiving services under programs like the Medicaid HCBS Waiver, TennCare, Medicare, or private insurance.

The services available under the Family Support Program are designed to be flexible and responsive to individual or family needs. These services include respite care, day care services, home modifications, equipment, supplies, personal assistance, transportation, homemaker services, housing costs, health-related needs, nursing, and counseling [4].

The current funding limit for the program is $4,000 per individual with a severe disability in a family, which may vary depending on the resources and Local Council priorities.

Families approved for the Family Support Program can revise their services based on changing needs during the year, with additions or changes possible as long as there is available funding in the existing Family Support Service Plan.

Despite these measures, some critics argue that Tennessee's autism laws are not comprehensive enough, as the state does not mandate insurance coverage for autism services, making it challenging for families to access necessary care for their children with autism.

Impact of Tennessee's Autism Laws

Assessing the impact of autism laws in Tennessee, it's important to understand both the challenges faced by families and the positive changes that have been initiated.

Challenges Faced by Families

Families of children with autism in Tennessee have faced significant challenges due to the lack of state mandates for insurance coverage. This means that insurance companies are not required to cover the costs of services related to autism, which places a financial strain on families. These services can include occupational therapy, speech therapy, physical therapy, and Applied Behavior Analysis (ABA).

Without mandated insurance coverage, families often have to cover the costs of these therapies and other services out-of-pocket. This financial burden can be overwhelming for many families, making it challenging to access necessary care for their children with autism.

In some cases, families have had to make the difficult decision to relocate to other states with more supportive autism laws, such as North Carolina, in order to secure the services and support their children need. In these states, insurance companies are required to cover autism-related services, providing a significant financial relief for families.

Success Stories and Progress

While the challenges faced by families are significant, it's also important to highlight the progress that has been made in recent years. Despite the current lack of insurance mandates, there are ongoing efforts to change the laws and improve access to services for children with autism in Tennessee.

These success stories underscore the importance of continuous advocacy and the potential for positive change. They provide hope and inspiration for families of children with autism, and they demonstrate the potential for improvements to the current autism laws in Tennessee.

Resources for Autism Support in Tennessee

In addition to the legal provisions in place, there are a variety of resources available to support individuals with autism and their families in Tennessee. These resources include autism support organizations and a range of educational and therapeutic services.

Autism Support Organizations

There are several organizations dedicated to providing support to those affected by autism in Tennessee. The Vanderbilt Kennedy Center for Excellence in Developmental Disabilities, for example, offers a range of services, including diagnostic evaluations, behavioral therapy, and parent training.

Another organization, the Autism Society of Middle Tennessee, provides support groups, educational programs, and advocacy services for families and individuals with autism.

Also, the Department of Intellectual and Developmental Disabilities in Tennessee has developed a toolkit covering various topics related to health care for individuals with intellectual and developmental disabilities, including autism spectrum disorders [6].

These organizations play an integral role in creating a supportive community for individuals with autism and their families, providing them with the resources and guidance they need to navigate their daily lives.

Educational and Therapeutic Services

Tennessee is home to various specialized schools, classrooms, and educational programs designed to meet the unique needs of students on the autism spectrum. The focus of these programs is to create inclusive learning environments that support academic and social development.

Alongside educational support, therapeutic services such as occupational therapy, speech therapy, and applied behavior analysis (ABA) play a crucial role in promoting the overall development and well-being of individuals with autism. These interventions have shown transformative power, with numerous success stories illustrating their impact.

These educational and therapeutic services are critical in ensuring that individuals with autism have the opportunity to learn, grow, and thrive in their community. By providing tailored support and interventions, these programs help to empower individuals with autism and their families, promoting inclusivity and understanding.

Autism Advocacy and Policy Changes

In the efforts to improve the lives of individuals with autism and their families, advocacy groups and policy amendments play a crucial role. These entities and actions are instrumental in the creation and modification of autism laws in Tennessee.

Role of Advocacy Groups

The Tennessee Council on Autism Spectrum Disorder (Council) stands out as a key advocacy group in the state. The Council was established to create a long-term plan for a system of care for individuals with autism spectrum disorder and their families. With its administrative attachment to the Department of Intellectual and Developmental Disabilities (DIDD), the Council provides recommendations and leadership in program development. This includes various aspects of autism spectrum disorder services, such as healthcare, education, and other services for adults, adolescents, and children.

Recent Policy Changes and Amendments

Recent amendments to Tennessee's autism laws have contributed to the refinement of the Council's structure and function. For instance, Amendment 003081 added language designating the Executive Director of the Commission on Children and Youth, or the Executive Director's designee, as an additional member of the Council.

Moreover, Amendment 003489 extended the termination date for the Council to June 30, 2019, instead of the original June 30, 2018.

Lastly, Amendment 003852 increased the representation on the Council. The number of adults with an autism spectrum disorder diagnosis, family members, or primary caregivers serving as members increased from six to nine. Additionally, it raised the number of adult members representing each grand division of the state from two to three [7].

These amendments underscore the ongoing efforts to strengthen the Council's role in shaping the landscape of autism services in Tennessee. By continually refining the Council's structure and expanding its membership, these amendments ensure that a broader range of perspectives and experiences inform the development of autism laws in Tennessee.

Future Directions for Autism Laws

As we look to the future of autism laws in Tennessee, there are key areas that require attention and change in order to better support individuals with autism and their families. This includes the need for insurance mandates and specific training for law enforcement officials.

The Need for Insurance Mandates

In Tennessee, there are no laws mandating insurance coverage for autism services, making it challenging for families to access necessary care for their children with autism. The absence of insurance mandates adds financial burdens to families, as they often have to cover the costs of therapy and other services out-of-pocket. Some families end up relocating to other states with more supportive autism laws, such as North Carolina, in order to secure the services and support their children need.

While Tennessee passed laws in 2008 requiring certain insurance plans to cover the diagnosis and treatment of autism spectrum disorders, and expanded this law in 2009 to include children up to the age of nine, these laws have not been sufficient to meet the needs of many families [3].

For instance, the 2009 legislation mandated that health benefit plans offering coverage for autism services must cover Applied Behavior Analysis (ABA) therapy for up to $25,000 annually, with a maximum of $50,000 over the lifetime of the individual. However, ABA therapy was only covered if the treatment was deemed effective by an independent review panel selected by the insurance commissioner [3]. This has limited the availability of coverage, with only two providers applying for the independent review process established under the legislation.

Moving forward, it's crucial that Tennessee implements insurance mandates similar to states like North Carolina, where insurance companies are required to cover autism-related services, including occupational therapy, speech therapy, physical therapy, and applied behavior analysis (ABA) [5]. This would alleviate some of the financial burden on families and ensure that individuals with autism have access to the services they need.

Training for Law Enforcement Officials

In addition to insurance mandates, it's essential that law enforcement officials receive specific training on how to interact with individuals with autism. This training would provide officers with the knowledge and skills they need to effectively communicate with individuals with autism, understand their behavior, and respond appropriately to situations involving individuals with autism.

Such training could cover topics like understanding the characteristics of autism, effective communication strategies, and de-escalation techniques. This would not only improve interactions between law enforcement and individuals with autism, but also increase the safety and wellbeing of individuals with autism in the community.

By implementing insurance mandates and providing training for law enforcement, Tennessee can make significant strides in improving the lives of individuals with autism and their families. It's crucial that these changes are made in order to ensure that individuals with autism have access to the services they need and are treated with understanding and respect.

References

[1]: https://www.totalcareaba.com/autism/autism-laws-and-policies/

‍[2]: https://www.discoveryaba.com/aba-therapy/autism-laws-in-tennessee

‍[3]: https://comptroller.tn.gov/content/dam/cot/orea/advanced-search/orea-reports-2009/OREA2009AutismPt1.pdf

‍[4]: https://www.tn.gov/didd/for-consumers/family-support.html

‍[5]: https://www.spectrumnews.org/features/deep-dive/moving-for-autism-care/

‍[6]: https://www.kidcentraltn.com/development/special-needs/autism-resources.html

‍[7]: https://www.tn.gov/didd/councils/tn-council-on-autism-spectrum-disorder/autism-council-bill---amendment.html