On April 14, 2012, Governor Andrew Cuomo signed a proclamation declaring the month of April as Autism Awareness Month. In this regard we will examine the federal Patient Protection and Affordable Care Act (ACA) and its creation of "Health Care Exchanges" providing "mental health and substance use disorder services, including behavioral health treatment."1 While the ACA is a great step forward it leaves it to each state to determine whether autism is included within the definition of "behavioral health treatment." Further, New York’s recently enacted "autism insurance" reform law has raised questions about its accessibility to autistic individuals. In addition, there is a developing body of law involving issues and services affecting autistic individuals including the side effects of childhood vaccines, violations of the Individuals with Disabilities Education Act, personal injury lawsuits, guardianships, civil commitment and criminal abuse. Lastly, we shall discuss a new diagnostic publication that has raised concern in the autism community.
Autism Awareness
Clearly, the public’s awareness of autism2 has increased exponentially in the last few years, and with good reason. In 2010, the Centers for Disease Control (CDC) released data indicating that approximately one in 110 children in the United States had an autism spectrum disorder (ASD). Just two years later the CDC updated its estimates finding that autism rates affected one in 88 American children (one in 54 boys and one in 252 girls). "Although autism is often thought of as a disorder of childhood, its impact can be felt well into adulthood. The substantial costs resulting from adult care and lost productivity of both individuals with autism and their parents have important implications for those aging members of the baby boom generation approaching retirement."3
Affordable Care Act
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