The fight over whether insurance companies in Pennsylvania have to cover in-school autism care has been sent back to the state Superior Court for a ruling on the merits of a case presenting the issue.
On Oct. 31, the state Supreme Court determined that a “drafting error” in Act 62, the statute requiring health insurers to cover the treatment of autism spectrum disorders, failed to properly create an avenue of appeal regarding denials of requests for coverage that are approved by the Pennsylvania Department of Insurance. The oversight, according to Justice Thomas G. Saylor, who wrote the opinion, meant that the Superior Court should not have tossed the case for lack of jurisdiction.
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