Anyone who has given birth to a child who has been diagnosed with autism understands that the needs for these children in terms of professional help are numerous in nature. As such, this type of care can be so expensive that it’s all but crippling to most families, and over the years many parents have had a lot of trouble obtaining insurance coverage for these needs. Given the explosion of the autism rate around the country, new laws have been enacted that require insurance companies to provide certain amounts of coverage for these treatments, and New York is one jurisdiction that has enacted such a law.
Unfortunately, this new state law in New York has been severely limited by the passing of regulations by the state agency that oversees insurance companies and the coverage they provide, and these regulations are causing intense controversy. Below you will find a brief overview of this issue, and anyone whose child has suffered brain damage because of the negligence of those who were supposed to care for that child should seek the help of New York medical malpractice lawyers as soon as possible.
The New Autism Insurance Law and Controversial Regulations
In 2011, Governor Cuomo signed into law a bill that requires insurance companies to provide up to $45,000 per year for different autism services that include applied behavioral analysis, which is a form of extended therapy that basically addresses concerns in autistic children regarding daily activities including eating and dressing.
This law stated that this therapy must be supervised by a certified behavior analyst. However, the New York Department of Financial Services has since put in place a regulation that those professionals must be licensed. This regulation effectively cuts the number of people who can provide these services under insurance coverage from more than 700 to fewer than 50 in the state. At this point, the regulations are temporary, but they could become permanent soon.
Autistic Children and Family Struggles
If this new regulation goes into effect permanently, it would greatly reduce most the ability of most families to obtain these therapeutic services for autistic children. It’s estimated that approximately 20,000 young people in the state have been diagnosed with autism spectrum disorder. By result, this could mean that thousands of families would either have to pay for this therapy themselves or be forced to go without it.
While there is no known cause for autism, there have been cases where children have suffered a loss of oxygen at birth that led to brain damage and ultimately to this diagnosis. Families in this position face many difficult challenges. If your child has been diagnosed with autism and you believe it was because of a medical mistake, you need to seek the help of experienced New York medical malpractice lawyers who have been fighting for the rights of families for more than 40 years. Contact The Fitzgerald Law Firm today to schedule a free initial consultation.