In a time when Autism is increasing in a dramatic way, with the Centers for Disease Control now stating that 1 in 68 births will result in an Autism Spectrum Disorder, it is all the more important to visit the various governmental supports that are available to its’ citizens with ASD.
Now, we know that the only Entitlements for Services, services that children can receive based upon their disability, are those identified under the Individuals with Disabilities Education Act; IDEA. These services are available for children upon their diagnosis from birth through the school year of their 21st birthday. One must, of course, apply for such services but there is, by law, no major delay for accessing services once the child is assessed and approved for various educational treatments, therapies and services.
The “Entitlement Years” are not necessarily an easy experience for most families as they still must advocate to receive services for their child[ren] through an Individual Education Plan [IEP] that clearly articulates what the child needs to receive a “Free and Appropriate Education”- FAPE. Note; the IEP is the contract with the child’s school district and the important details of an appropriate IEP will be addressed in this presentation, e.g., an IEP must be calculated to confer meaningful and significant progress if it is to meet the spirit of “FAPE”.
Now, as children become adults and exit the Entitlement years of 0-21 there is a huge paradigm change and these same children who enjoyed the protections that the school years afforded them find themselves advocating for eligibility for services and, once found eligible, waiting for years and decades for the services to be made available. These Eligibility Years are fraught with frustration after frustration as most individuals with ASD languish at home [unserved] or in poorly designed services that leave them underserved.
The post education eligibility services are generally a patchwork quilt of services underfunded by Medicaid, Medicare, Social Security and occasional Insurance Coverage.
Historically, anyone receiving Medicaid supports must be indigent, i.e., having fewer than $2,000.00 in savings. Now, with some creative planning on the part of families Special Needs Trusts can set aside funds to supplement governmental supports; thereby enabling some individuals to have a quality of life that is more than mere containment, i.e., a roof over their heads, 3 meals a day and clothing. There is also a newly established federal savings program that serves like a college savings plan [529 Plan] that is called ABLE; Achieving a Better Life Experience Act; this Act allows a saving account to increase to $100,000.00 and to grow tax free for individuals with eligible disabilities.
So, some progress is being made across the nation to secure the future of those with ASD but much more is needed to ensure that there are no gaps in services across the lifespan of those with Autism whose needs require them.
Learning Objectives:
Track: Public Policy/Advocacy
Content Area: ​Long Term Services and Support​
David L. Holmes, Ed.D., BCBS, BCAP
Lifespan Services, LLC
Paul Prior, J.D.
Attorney
Hinkle Fingles and Prior