ASA's 36th National Conference on Autism Spectrum Disorders (July 13-16, 2005)

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Friday, July 15, 2005: 10:30 AM-12:00 PM
209
#1248- Adult Services; How Medicaid and its associated national provisions can have such a difference in interpretation in various states
there is a national dilemna associated with how states interpret Medicaid related federal policies affecting services to adults with autism. We will: explore why some states do well and others do so little; discuss the ways to cerate a national referendum for free and appropriate services for adults

Presenters:David Holmes, dr.d.l.holmes and associates, President - founder, the eden institute; president, dr.d.l.homes and associates; adjunct professor, princeton university; chair, the panel of professional advisors, the autism society of america; award winning author and lecturer on autism and related issues.

ira Fingles, dr.d.l.holmes and associates, attorney, hinkle and fingles, esq. - partner in hinkle and fingles attorneys at law. lecturer and litigator on issues pertaining to appropriate services to people with autism and other disabilities.

 
Ever since the country established a free and appropriate education plan for its children with disabilities there has been a grow concern for what happens to its adults who have life long challenges that an education alone will not be sufficient. So it is with adults with autism who oftentimes need supports throughout their lifespan in order to live and recreate in the community.

Currently, America has a significant system of service delivery for children with autism from the moment of diagnose [0-3] through their preschool years into their school years [3-21]. This system of service ranges from local public school services to private day and residential services not to mention the myriad of wrap around services such as after school programs; respite service; home support services as well as Occupational services, physical therapy, behavioral therapy and speech/language therapy. All of these services create what one might call a "prosthetic environment" an environment that offers the consistency and structure that we know those with autism demonstrate the greatest amount of success.

This prosthetic environment is summarily taken away when the child ages out of the educational system and therefore all of the successes and skills acquired in school are often lost. It's analagist to taking away a wheelchair from a child with a physical disability upon graduating from school. We know that given appropriate educational services to children with autism greatly enhances their skill development and quality of life. Many have skills that can make them tax paying members of society. Yet without proper supports these same individuals will languish, unserved or underserved until their parents are too elderly to take care of them.

We have legislation and policies, which if properly implemented can control for this dilemna faced by families across this nation. Families that are now growing to epidemic proportions suggesting that the dilemna will worsen significantly over the next10-15 years. The dilemna is what to do for Americans with autism that are beyond their education years? Medicaid can help but only if states write waiver plans that keeps people out of institutions rather than having them placed first and removed later...if ever. Social Security also can help but as with medicaid you must be indigent <$200.00 in assets. The Americans with disabilities Act also offers some protections but there is woefully little funding to make any of these protections easy to access without going to court to fight for them.

During this presentation we will address the varied services that adults with autism will require now and into the future. We make a comparison between some states and see how some [ a very few] are utilizing federal funds to develop and expand services to adults with autism. We will describe case law that has enabled individuals in those states to get the services that they need. We will describe how people in states with fewer services can use the legal system to change status quo. Finally, we will discuss federal legislation, not dissimilar to IDEA, that would be necessary to ensure that adults with autism across the spectrum can access "free and appropriate individual resources" which will make them more in control as consumers of services rather than merely at the mercy of services.

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