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Webinar #32 – Let Me Hear YOUR Voice: Effecting Change through Effective Advocacy
- This event has passed.
May 6, 2021 @ 1:00 pm – 2:00 pm EDT
Here are our introductory comments:
Today’s talk is entitled “Let Me Hear Your Voice: Effecting Change through Effective Advocacy” and is presented to us by Lorri Unumb Esquire, the CEO of the Council of Autism Service Providers. Lorri’s career in law began at the University of South Carolina where she earned degrees magna cum laude in broadcasting and political science and was awarded a full scholarship to USC Law School, where she graduated with honors.
Lorri’s advocacy in autism was inspired by her personal experience of being a mother to a child with autism as her oldest of three sons, Ryan, has autism. In 2005, she wrote ground-breaking autism insurance legislation for South Carolina (“Ryan’s Law”) that passed in 2007 and served as the catalyst for the national movement toward autism insurance reform.
Following the passing of Ryan’s Law, Lorri worked at Autism Speaks where she served for more than a decade as Vice-President for State Government Affairs. Lorri oversaw advocacy initiatives in all 50 states and was responsible for spearheading the autism insurance reform movement, which led to 49 states requiring meaningful health insurance benefits for autism, including Applied Behavior Analysis coverage.
In 2019 she became the CEO of the Council of Autism Service Providers which advocates for best practices in autism services.These are just a few highlights in Lorri’s long and celebrated career. In addition, she has founded the Unumb Center for Neurodevelopment which provides services to people with autism in South Carolina. She and her husband, Dan, wrote the first-ever comprehensive textbook on legal issues related to autism, entitled Autism and the Law. She has won numerous awards for her contributions to autism advocacy including the Autism Society of America 2008 Parents of the Year Award; the Behavior Analyst Certification Board’s Michael Hemingway Award; and the California Association for Behavior Analysis 2012 Leadership in Law Award.
We could not be more thrilled to have such a high-impact speaker here with us today. About 50% of people who receive a SynGAP1 diagnosis will also receive a co-diagnosis of autism spectrum disorder. Lorri has spoken with Syngap Research Fund advocates in the past about advocating for proper treatment of our loved ones and is aware of the unique challenges we face as a community.
THIS IS FOR TRANSCRIPT ONLY:
0:05Welcome everybody to our next webinar for SynGAP Research Fund. We’re really excited to continue
0:13our SRF webinar series. The goals of our series are getting families closer to the science,
0:18making families aware of the research that has been done and opportunities to participate, empowering communications with our clinicians and equipping families to advocate for the
0:27needs of your loved one with SYNGAP1. We want to share with you our next webinar which will take place next Thursday May 13th at 10 a.m. pacific time this will be
0:35with Dr Kurt Haas and is entitled “Functional assessment of missense variants of SYNGAP1”.
0:41You can sign up for all of our future webinars and view past presentations at syngapresearchfund.org.
0:46Today’s talk is entitled “Let me hear your voice: affecting change through effective advocacy” and
0:52is presented to us by Lorri Unumb esquire the CEO of the Council of Autism Service Providers.
0:59Lorri’s career in law began at the University of South Carolina where she earned degrees magna cum
1:04laude in broadcasting and political science and was awarded a full scholarship to USC Law School
1:10where she graduated with honors. Lorri’s advocacy and autism was inspired by her personal experience
1:15of being a mother to a child with autism as her oldest of three sons Ryan has autism.
1:21In 2005 she wrote the groundbreaking autism insurance legislations for South Carolina known
1:26as Ryan’s Law that passed in 2007 and served as the catalyst for the national movement
1:32towards autism insurance reform. Following the passing of Ryan’s Law Lorri worked at Autism
1:37Speaks where she served for more than a decade as vice president for state government affairs. She oversaw advocacy initiatives in all 50 states and was responsible for spearheading the autism
1:48insurance reform movement which led to 49 states requiring meaningful health insurance benefits for
1:54autism including Applied Behavior Analysis coverage. In 2019 she became the CEO of
2:00the Council of Autism Service Providers which advocates for best practices in autism services.
2:06These are just a few highlights in Lorri’s long and celebrated career. In addition she
2:11has founded the Unumb Center For Neurodevelopment which provides services to people with autism in
2:17South Carolina. She and her husband Dan wrote the first ever comprehensive textbook on legal issues
2:22related to autism entitled Autism and the Law and she has won numerous awards for her contributions
2:27to autism advocacy. We could not be more thrilled to have such a high impact speaker here with us
2:33today. About 50% of people who receive a SYNGAP1 diagnosis will also receive a co-diagnosis of
2:39Autism Spectrum Disorder. Lorri has spoken with SynGAP Research Fund advocates in the past about
2:44advocating for proper treatment of our loved ones and is aware of the unique challenges we face as a community. At the end of the presentation you will have an opportunity to ask your questions
2:54by writing them in the chat. A recording will be made available on the SRF website. Again welcome
3:00to our presentation today entitled “Let me hear your voice affecting change through effective advocacy”. So Lorri I’m going to hand it over to you and thanks so much again for being here.
3:10Perfect Sydney thank you so much for that kind introduction and can you just let me know that you do see my slide and everything is good? I see your slides
3:19and we hear you just fine. Perfect. Thank you so much and thank you to the SynGAP Research Fund for
3:25the invitation to speak to you today. I really enjoyed talking with some of the leaders
3:30from your organization a couple of months ago and there indeed are so many similarities between the
3:37struggles that you face in getting effective services for your children with the autism community. So I want to start at the very beginning of my talk it’s going to
3:47be a little bit duplicative of the information that Sydney just shared with you but I kind of want to share that I really come at this from five different perspectives and I’ll share those with
3:59you now. First of all professional perspective: my work, my full-time career is in autism now Professional Perspective
4:08I spent a decade with autism speaks and then as Sydney said I now lead the council of autism
4:14service providers and i’ll talk a little bit more about those professional experiences as we go
4:21but I share that the first of my five perspectives is this is my career, my professional perspective. Provider Perspective
4:28Secondly, although I’m not a provider I do have a little bit of provider
4:36perspective because my husband and I founded a non-profit clinic originally called the Autism
4:44Academy of South Carolina as Sydney shared it’s now called the Unumb Center For Neurodevelopment.
4:50The board very kindly voted to change the name in our honor just a couple of years ago
4:56and I share this even though I don’t work at the Unumb center and I never have,
5:03I do still feel responsible as the founder of the organization and it has helped me
5:08understand from a business perspective the provider aspect of things I feel responsible
5:16to make sure that our staff get paid every two weeks and we’re almost at 50 staff now so
5:23it has certainly shaped my advocacy to have a little bit of insight into the business and
5:29provider side of things. So that’s the second perspective. The third is an academic one: Academic Perspective
5:38I taught a law school course for about five years called Autism and the Law at George Washington
5:45University Law School where I used to be a full-time professor before autism entered my life
5:52and as Sydney also mentioned my husband and I wrote a textbook to go along with that course
5:58also called Autism and the Law and so approaching all of these issues about access to care,
6:06funding, lifelong care, from an academic perspective has also
6:11shaped my advocacy. Fourth I just wanted to share that I spent a couple of years Commissioner Perspective
6:19as a commissioner on the South Carolina Department of Disabilities and Special Needs. South Carolina
6:25is my home state and where I currently live and this gave me again a whole new perspective. The
6:34Department of Disabilities and Special Needs is the state agency in South Carolina that
6:40administers Medicaid waivers for people with disabilities and so it certainly broadened
6:46my perspective to understand a variety of disabilities and a lifetime of needs and limited
6:53resources. I stepped down off of that commission just last year at the end of my term but I learned
7:00an awful lot and again another perspective that shapes my advocacy and then finally the
7:05fifth and most important perspective of course is that of parent and my son, my firstborn, Parent Perspective
7:13was diagnosed with autism at 22 months of age. At the time he was diagnosed I really didn’t even
7:21know what autism was. I had seen Rain Man and that was about it. What I learned just you know i’m
7:30sure you all know this I learned from the doctors that day that autism was not considered curable,
7:37was considered treatable to some extent. All the facts: four times more common in boys than girls,
7:45medical condition brought on through no fault of the family. Literally learning from scratch just like any other parent all of that on the day of my son’s diagnosis.
7:56We were living in Washington DC at the time he was diagnosed, when he was born and at the time of his
8:02diagnosis and I look back on that and think how lucky we were to have access to multiple very fine
8:11medical institutions and he in fact was triple diagnosed because I was on the waiting list
8:17for so long trying to get an appointment with a developmental pediatrician and by the time I
8:24had waited six months for an appointment I just went ahead and kept all three of them even though he was diagnosed at the first one and looking back I think that’s really lucky because
8:35all three of these excellent institutions recommended the same course of treatment for my
8:41son Ryan. They all recommended that he be enrolled in a very intensive regime of Applied Behavior
8:50Analysis or ABA. Again, something I had never heard of. I didn’t even really have a concept
8:57what therapy was and I learned, I researched thank goodness for Google. Although Google was barely
9:05around at that time when my son was diagnosed but you know I learned this is a one-on-one therapy,
9:10it might be recommended up to 40 hours per week which it was for my son because he was very severely impaired. I learned about the science behind it and then I brought ABA Providers
9:24prospective therapists into our home to teach us how it works and what it cost and what we learned
9:30is that there are multiple tiers of providers in a child’s ABA program. There’s a consultant at the
9:38top who’s board certified and then perhaps a mid-level supervisor or lead therapist
9:44and then line therapists or behavior technicians at the lower level who are the ones in your home
9:51or in the clinic providing the implementing the the therapy program typically in three hour shifts
9:58with what they explained to me for for up to 40 hours and then i learned about the cost and Health Insurance
10:06with those multiple tiers of the consultant and the mid-level supervisor and the line therapist
10:13at 40 hours per week which had been recommended it was going to cost $70,000 per year
10:20and i remember turning to my husband in the living room and saying “well thank goodness we have health insurance. What would you do if you didn’t have health insurance?” Little did I know
10:31at that time that health insurance would not cover one penny of it and I did not understand why.Private Treatment
10:42being the i guess somewhat cantankerous lawyer that i am I decide- we went ahead and started
10:50treatment for our child paying privately and I said well let’s push it let’s find out why
10:56the insurance company isn’t covering this treatment that my son’s doctor recommended.
11:02And we would get different reasons why it wasn’t covered sometimes they would say well that treatment that you want us to cover is experimental or ineffective
11:12and i thought really? What what does experimental mean to you? Because i knew that the united states Experimental Treatment
11:20surgeon general had said 30 years of research demonstrates the efficacy of applied behavioral
11:27methods in reducing inappropriate behavior and in increasing communication learning and appropriate
11:32social behavior. That doesn’t sound experimental to me if several years before my son’s diagnosis
11:40the surgeon general had endorsed it and says it’s supported by 30 years of research. So that basis for denial just didn’t ring true for me. Sometimes they would say well
11:53we don’t make insurance pay for any treatment that’s provided by a non-licensed provider.
12:01Well that one rang a little more true. I mean there does have to be some level of fidelity
12:07and integrity in who’s being paid for services but I thought wait a minute that’s not really
12:15fair because it’s not that i’m choosing to use a non-licensed provider when there are licensed ones
12:22there weren’t any licenses for behavior analysts at that time and so just because the state
12:31had not seen fit yet to license that provider type that didn’t seem like a good justification
12:39to be able to to deny the care to me and yet that was the case and particularly where in the case
12:46of Applied Behavior Analysis the providers were nationally board certified it’s not like it was
12:53just any tom dick or harry off the street. Even at that time there was the the national nonprofit
13:00behavior analyst certification board that had very stringent standards degree requirements
13:05coursework requirements supervised experience and a psychometrically valid exam that that
13:11has a relatively low pass rate actually. So the providers were qualified if not licensed and again
13:20that didn’t seem like an appropriate basis to deny coverage. And of course now we know that 31 states Behavior Analysts
13:28at this point now have adopted licensure for behavior analysts so that reason
13:34wouldn’t uh hold water anymore these days anyway in the majority of states. Medical Care
13:40Sometimes they would say well those treatments that you want us to cover those are really educational in nature. That’s not medical care. And you know that was a little more difficult to
13:52deal with as an argument because it is true that good schools would utilize the principles of
14:00Applied Behavior Analysis in educating children with autism but it wasn’t true that the schools Schools
14:10i felt that the school should not be charged with ameliorating all of the effects of my child’s
14:18condition. The schools are charged with educating my child and it’s not fair to dump on the schools
14:26the additional responsibility for ameliorating his symptoms to the maximum extent possible.
14:32That’s why i buy health insurance because insurance is responsible for that and for
14:38goodness sakes my child was not diagnosed by the school principal. He was diagnosed by a doctor. So
14:46that also seemed like a bogus justification for denying coverage to me so despite all of these
14:56invalid in my opinion justifications for denying his coverage his care I look back at that period
15:03and I think you know we were among the lucky ones because during all this period of trying
15:11to figure out why there was no coverage for autism and for applied behavior analysis in particular,
15:18my son was getting treatment. He was getting 40 hours a week of treatment because my husband
15:24and i are both lawyers we both had good jobs we both worked full time and we were able to
15:32live on his salary and use my entire salary to pay for his therapy and you know even for us with two
15:42good jobs we had to make sacrifices we we sold our house and moved to a less expensive house
15:49so that we could continue Ryan in the level of therapy that his doctors had recommended
15:56but I thought about all the average families in the United States who couldn’t possibly make those
16:05kinds of sacrifices or afford the therapy if you don’t have two professional working parents or
16:11maybe you don’t have a house to sell you live in an apartment or you know just the majority of families I realize would not be as fortunate as we were and would not be able to
16:26afford this therapy for their child and that just seemed wrong to me and frankly was really a knife
16:32in my stomach I kept thinking about what must it feel like to be a mom or a dad and know there’s
16:41a treatment out there that undeniably would help your child but you can’t get it for your
16:47child because you’re not rich enough and I just couldn’t sleep at night thinking how horrible
16:53that must feel and it also just seems so unfair to me because you know these are families who
16:59are paying for health insurance right i mean most of the families i was i was working with they’re
17:06they’re paying premiums every month and it seemed they weren’t getting the benefit of the bargain Old School House Rock
17:11so motivated by my experience with Ryan and inspired by the the old school house rock.
17:20i don’t know if you all are old enough to remember but there was a schoolhouse rock that came on
17:25cartoon that came on Saturday morning like a little commercial and one of them was about how a bill becomes a law. I’m just a bill yeah i’m only a bill and i’m sitting here on capitol hill and
17:35so it talked about how does a bill get started? Well a citizen has an idea and they take it to
17:43their legislator and and that’s how it starts and i remember watching that one time and thinking
17:49hey, I have an idea. I have a really good idea. I think health insurance ought to pay for
17:57autism treatment including ABA as recommended by a physician. so yeah and but I forgot to listen Its not usually becoming a law
18:05to the line in the song that said but it’s not usually becoming a law because my little idea
18:12was not so simple to implement. But I sat down at my kitchen table in 2005 and just sketched out My little idea
18:22what I thought the law should be very simple bill two paragraphs that basically just said
18:28a health insurance plan and this is in South Carolina again where we were living we had moved
18:35back from Washington DC a health insurance plan must pay for treatment as prescribed
18:42by the doctor in accordance with the treatment plan and that was basically it and and the
18:48the coverage the insurers couldn’t impose different deductibles or co-pays or whatever
18:55than they impose on on physical illness generally. So very simple idea very simple bill
19:02I contacted a legislator and got him to i i went and met with him educated him about my
19:09family’s issues and what the autism community was facing generally and he agreed to file the bill. Very simple bill
19:16That began a very long journey that was at times a kick battle and at times a roller coaster ride and
19:24definitely more than I was expecting and the very beginning january 12th of 2006 you can see First committee hearing
19:31it right there on the picture was the very first committee hearing on that bill. I literally had
19:36never even been to a legislative committee hearing by that time and i was in charge of
19:42putting together the witnesses and the parents and whatnot of course I had been to law school so I had some some sense of how to do it but again not really sure if we were doing the right thing
19:54and and that really kicked off the journey which involved an awful lot of opposition from Insurance industry opposition
20:00the insurance industry. They had all kinds of objections to this little simple bill that I Medicaid waiver program
20:07thought was such a good idea and i’m not going to go through all of the… it’s a long story to
20:14go through the whole battle to get that passed but I will tell you that during the first year
20:202006 we did not succeed and instead well the bill actually did pass but by the time it passed
20:31all of my language had been taken out and had been replaced with a different program creating a new
20:39government program funded by medicaid called the Pervasive developmental disorder medicaid program
20:46and this passed into law. it set up a program in South Carolina to fund ABA therapy for children
20:54with autism between the ages of three and eleven. funded it up to fifty thousand dollars per year
21:00limited to three years of treatment. it was funded by seven million dollars which meant
21:07that all of the children with autism basically put their names into a hat and the state of
21:13South Carolina had a lottery. they drew a hundred names out of the hat and those hundred children
21:20started into ABA therapy. my child was number I think it was like 326 when they drew the names.
21:33This program was engineered by the insurance industry as a way to defeat the bill and they’re
21:43very savvy, very smart. They figured out that they should come up with something and so they
21:48came up with this program and really thought that the insurance parents would go away and would be
21:54happy with this. i felt very strongly that health care shouldn’t be doled out in a lottery system
22:03and so i said thank you very much for this medicaid funded program
22:08now let’s come back the next year and pass the private insurance mandate so that the children
22:14who don’t have private health insurance will be able to tap into this PDD waiver program and the
22:20children who do have private health insurance will tap into their health insurance and that way that seven million dollars will go a lot longer and serve more children. So we started all
22:29over again in 2007 and again i don’t want to share the whole story because it would take forever but End of legislative session
22:37at the end of the legislative session right right near the end on may 25th 2007 the bill
22:43passed through the south Carolina legislature. now that’s not quite the end of the story because Governor vetoes bill
22:50on the penultimate day of the session the governor of South Carolina vetoed the bill.
22:59The governor in South Carolina has the option of signing a bill, vetoing a bill
23:06or letting it become law without acting on it and i really thought he might do that latter option. i
23:13i suspected he was not in favor of the bill but I thought he would let it become law knowing that the autism community had worked so hard for two years to get this passed
23:23but no he vetoed it. Late at night, the the night before the session ended,
23:31that telephone that you see on the screen is there because i stayed up that night calling my autism friends from around the state saying oh my gosh you’re not gonna believe
23:40it everything we just worked for is down the tubes the governor just vetoed it and i said please come
23:50to the capitol tomorrow show up at the state house i know it’s late at night i know you don’t have
23:56a babysitter just bring your kids whatever. Let’s just show up tomorrow morning and plead
24:02is there anything they can do can they override this veto would they override this veto you know politics is it’s such a partisan environment and we had a republican governor and
24:13a republican legislature and I wasn’t sure that the republican legislature even though we they had
24:20come to understand our issues i wasn’t sure that they would go so far as to override a veto by
24:27a fellow republican governor. But they did. so on the very last day of the session June 7 2007 the Overrode veto
24:37South Carolina legislature unanimously overrode the governor’s veto and Ryan’s Law became law. oh
24:45choking me up just a little bit to think about it because it was quite an emotional day. By
24:50the time it passed it still didn’t resemble very much the actual bill that I had written
24:57initially there were all kinds of restrictions in it so you had to be diagnosed by age eight.
25:05coverage only extended through age 16 there was a 50 000 per year cap on behavioral therapy.
25:12all of which i was adamantly opposed to but one of the things i learned during this process
25:17is that you you have to negotiate. if you insist on the perfect legislation you’re probably going to get nothing. So that was june 7 2007 and by the way this was the next day June 8th. i literally Disney World
25:32threw my boys into the minivan and drove to disney world because i was so tired of being
25:40in the political arena and lobbying for this bill and i felt like i had been ignoring my own kids
25:47so we we took off and and got away from it all for a couple days at disney world. That led to a Autism Speaks
25:55complete career change for me. Everything that i’ve described thus far i did as a volunteer
26:02just as a mom. i did not work in autism yet at that point but shortly after ryan’s law passed
26:11in south carolina i got a call from Autism Speaks which had been formed just a few years before and
26:20they said you know we think that’s a really good law that you passed down in South Carolina, we’d
26:25like for you to come work for us full time and try to replicate that law lead the effort to replicate
26:32that law in all 50 states. And i actually had to think about it for a few months because i
26:38really was enjoying my job practicing law at the time but i decided I would take them up on that
26:45offer and so i went to work full-time for Autism Speaks in 2008 and and led their state government
26:53affairs department and what I did during that time was in fact travel around the country Model Legislation
27:01meeting with autism parents and providers and other stakeholders, going to find legislators
27:08that we thought we could educate about the issue and would be sympathetic to our issue drafting
27:15the bills for the state to consider and and every state of course made changes to shape it and make
27:23it their own but but we could provide a starting point for them with model legislation tailored
27:29to the state. So it was a very interesting, rewarding, gratifying journey to to travel around
27:37to all the states and and work on this effort to ensure that all kids have access, all people… Transition Music
27:48I forgot i had transition music in there. So you probably have heard that that we were successful
27:55in that journey and i’ll show you… I start the journey actually in 2001 not only because
28:03that’s the year my son was born 2001 but that was actually the first year that any state Autism Insurance
28:10mandated autism insurance coverage. Indiana was actually the first not South Carolina and Indiana
28:18was quite out front of every other state because congressman Dan Burton’s grandchild was diagnosed
28:27with autism. i think it was his grandchild and so you know I think he went through the same
28:33thing that we went through. He was shocked that health insurance wouldn’t pay for the treatment recommended by the doctor for autism and he had a brother that was still in the state legislature
28:43in Indiana. So they passed a similar bill and and just required that health insurance cover autism.
28:52it didn’t… i think it’s significant that the effort in Indiana was was backed by a congressman
28:59because it didn’t generate the same controversy and debate for two years that was generated in
29:06South Carolina and as a result it didn’t really catch on. Other people around the country
29:12didn’t know that that bill had passed, didn’t know that there was coverage in Indiana and in fact i have many friends in Indiana now who tell me that
29:22it actually the coverage really did not unfurl properly as a result of that 2001 legislation.
29:30It took years before there really was coverage and families had to fight through the department
29:38of insurance to get it properly implemented. I imagine the Burton family probably got their
29:46coverage but if there was not really widespread coverage for autism through health insurance for many years. So even though Indiana was first nobody knew about it and thus other
29:56states didn’t really pursue it. So this is what the map looked like in 2001. Here’s 2002 2003
30:072004 2005. one time i was showing this at a live presentation and a mom in the back of the room
30:14raised her hand and said excuse me your picture is not changing. i said I know. that’s exactly
30:21the problem the picture is not changing because there was no progress whatsoever on meaningful autism insurance reform for years. this is 2006 and then in 2007 when south carolina Ryans Law
30:35passed ryan’s law as i said it was heavily debated and controversial and the media covered it
30:41and so people around the country did hear about it and became interested and said hey, we want to do that in our state we want to do it in our state so Texas passed a very similar law
30:52shortly thereafter. texas’s law actually only covered children between the ages of three and
30:59five believe it or not so that was dipping their toe in. texas went back and fixed that so it’s now
31:07much more comprehensive but the original law that that passed in texas was very limited
31:12but so as of 2007 then three states had passed laws requiring insurance coverage for autism.
31:20whoops i went the wrong way. 2007 again. 2008 that’s when autism speaks got involved and
31:29professionally supported this effort and so in 2008 five more states passed similar legislation
31:38for a total of eight and then in 2009 seven more states passed bills for a total of 15. Autism Insurance Bills
31:472010 eight more states all in that year was a very tiring year passed autism insurance
31:54bills for a total of 23. in 2011 we got up to 29 with six more states passing mandates
32:04in 2012 we reached 32 states 2013 34 states. 2014 38 states. 2015 43. 2016 44. 2017 46.
32:182018 48 and then finally in 2019 the 50th state addressed the issue.
32:27Tennessee was number 50. my colleagues and i had Autism Speaks we would always take bets through
32:32the years of who was going to be number 50. but they all got there. they finally all got there
32:38now i will say that really the map should look more 50 shades of green because some of the
32:46state laws are much better than others there are many gaps in coverage there are caps on coverage
32:53that shouldn’t be there but there is at least some coverage in every state now. we actually Green State Grid
33:00that green state map we would keep on the wall to keep track of our progress but internally
33:06we had a green state grid that more granularly depicted which states had coverage and in which
33:16markets was the coverage applicable. this grid is a couple years old but you know you had to check
33:23was it applicable for large group plans? small group plans? individual plans? state employees etc Applied Behavior Analysis
33:31so and and for years I kept a chart like this
33:38looking to see whether Applied Behavior Analysis coverage was subject to a dollar cap in a state
33:46and was it subject to an age cap in a state. many of those caps have now been invalidated
33:54some of them have been legislatively removed others have been invalidated under federal mental health parity law but it’s certainly an indication that the coverage
34:08was spotty from the beginning i every state did a phenomenal job getting legislation through
34:14but in almost every state it wasn’t perfect from the get-go. Additionally even reaching the 50th Health Insurance Coverage
34:25state with autism insurance mandates didn’t ensure that everybody had coverage.
34:34There are a variety of sources of health insurance coverage in the united states.
34:40Some people see this big blue piece of the pie have health insurance coverage through medicaid
34:48which is generally federally regulated and so these state insurance mandates that we were
34:56passing don’t apply to medicaid. Some people have insurance through medicare generally that was not
35:03relevant for us because we were mostly looking at a young population and medicare is for elderly.
35:09Some people are uninsured and certainly an autism insurance mandate couldn’t do anything to reach
35:16people who were uninsured. i think this number it shows 11 percent when i first made this pie
35:22chart and i think that’s gone down now as a result of the affordable care act but still there is a certain percentage of the population that does not have health insurance.
35:33the purple piece of the pie at the bottom represents state employees and these numbers,
35:39these percentages vary from state to state but in every state there will be a similar pie chart and
35:46state employees also aren’t subject (generally) to an autism insurance mandate or any other kind
35:55of state insurance mandate now most of the states that passed the autism insurance mandates applied
36:02the coverage mandate also to state employees but it was a separate effort to make that happen.
36:10the big piece of the pie here is what i have labeled ERISA or ASO
36:16which stands for administrative service only and that is 25% of the population.
36:24that’s pretty standard in a state to see 25% of the overall population
36:30insured through a plan a health insurance plan that’s governed by a federal law called ERISA
36:38rather than by state law and technically i said it’s a health insurance plan, technically it’s
36:44not an insurance plan because these types of plans are operated by big corporations like
36:52Walmart or Walgreens or bmw or cvs or you know any pretty much any large corporation in America
37:02pools their own money together and creates their own little health plan for their employees
37:08rather than farming out the risk to an insurance company like Cigna or Aetna or blue cross. Now
37:16you might not know if you have a health plan that is technically a self-funded plan by one of these
37:24large companies because those large companies typically contract with an insurance company Cigna
37:31or Aetna blue cross for administrative services only. So if you’re an employee of one of those
37:38companies you still have a blue cross card or a united health care card and you may not be aware
37:45that blue cross is only administering the plan they’re not assuming the financial risk of the
37:51plan. That’s all very technically detailed but my reason for telling you all this the point is
37:58people who have health care through a self-funded plan that is merely administered by an insurance
38:05company all those people do not get the benefit of state insurance mandates. So that big chunk
38:14of people also wasn’t helped by the state autism mandates and then just to finish out the pie here
38:23about two percent of the population in my state was tricare military families and tricare of
38:29course is a federal program so it’s not regulated by a state insurance law. Same thing for the
38:35federal civilian workers they have federal fehb it’s called federal employees health benefit plan
38:43and they’re not subject to state law. So the remaining pieces of pie
38:48are the ones who have what i call regular insurance that the state mandate can reach
38:55and that’s still many many people and of course it’s very important to those people
39:00that these laws passed but it left a lot of people uncovered as well. so as as we had Autism Speaks
39:11worked on the effort to ensure that everybody who needed care had access to care passing the
39:18health insurance mandates in all 50 states was a heck of a job but it was only one
39:24piece of the effort. we also worked to convince the self-funded health plans to add coverage for
39:34autism and ABA and then we had to work on medicaid to also include coverage for ABA. so i’ll say
39:43just a little bit about both of those efforts here. every as i said essentially every Selffunded Health Plans
39:51large corporation in America has a self-funded, internally funded health plan
39:58not subject to state insurance regulation and so we could pass state laws all day long and none of
40:06these companies would have to comply. So the way to get these companies to have to cover autism and
40:14ABA would be either to pass a federal mandate or to go company by company and meet with the
40:21hr department and try to convince them that they should offer this coverage and we opted for the
40:28latter i mean we did draft a federal bill and we had some conversations with congress about it but
40:34the fact of the matter is that the United States congress at that time had only ever mandated
40:40four benefits in the history of the united states so not that we shy away from a challenge but the
40:50chances were not good that we were going to drive through an autism mandate in in short order.
40:58We decided instead it’ll probably be faster to just go company by company and and we put out
41:05a call to families and said hey if you work for Starbucks if you work for bank of america if you
41:10work for Walmart and you need this coverage and you don’t have it reach out to us we’ll partner
41:16with you and go to your hr and plead for coverage and it’s it’s not plea is not the right word.
41:22We’ll make a business case for coverage it’s all about dollars and cents and and you might
41:29wonder why would any corporation voluntarily add this coverage which is not inexpensive but they
41:40do because they have to remain competitive and if you work for Bank of America and your
41:50child needs a treatment that’s costing you $70,000 a year and bank of America won’t offer that
41:58but your state employee plan does offer it or another fully funded plan does offered in your
42:03state chances are you’re probably going to leave bank of America and you’re going to find a job
42:09where your health plan, your insurance does cover it. These large self-funded companies they know
42:15that they know they have to remain competitive in their benefits package it’s part of compensation
42:21and so while it was a very long process and still not complete process
42:28of trying to convince each company to add the coverage in some ways it wasn’t as difficult
42:35as you might think at the outset. i actually every year for many years i would compile a list New Companies
42:44and out on January one or or at the end of each year i would say okay here are the new companies
42:49that came on board this year and i’m sure i probably didn’t know of all of them but some of these companies i had met with individually so so we would know who was coming on board. Recap
43:02all right so we’ve talked about the efforts to go state by state to pass autism insurance mandates.
43:09we’ve talked about the efforts to go company by company to get self-funded health plans to
43:15add appropriate benefits. that still leaves the medicaid population and for Medicaid we EPSDT
43:25utilized a provision of medicaid law called EPSDT. that stands for early and periodic screening
43:35diagnosis and treatment and this is a provision of federal medicaid law that is designed to assure
43:44that children on medicaid between the ages of 0 and 21 receive early detection and care
43:55so that health problems are averted or diagnosed and treated as early as possible. i remember the
44:05first time i learned about the EPSDT program and i was at a conference i believe in washington dc
44:13and the deputy surgeon general was speaking about EPSDT and he’s he said you know we’re carrying
44:20out congress’s intent that for every kind of health problem there should be early and periodic
44:29screening for a health problem, diagnosis of the problem and treatment of the problem. For whatever
44:37ails these children who are on medicaid and i went up to him at the end of the speech and i said
44:46i just want to make sure i understand what you just said. for any health problem there’s supposed
44:52to be screening diagnosis and treatment paid for by medicaid? and he said that’s correct as long as
44:58the children are eligible for medicaid and I said and that includes autism? and he said yeah i mean
45:05i don’t think he had thought about that one way or the other but autism is a health problem so yes.
45:13and i said because i’m pretty sure that in every state or virtually every state a child on medicaid
45:21can get periodically screened for autism and can get medicaid to pay for a diagnosis of autism
45:30but we’re missing the “T”. We’re missing the “T” medicaid is not paying for the most
45:37commonly prescribed treatment for autism he didn’t have an answer to that. i’m sure he didn’t know
45:44anything about it i probably hadn’t ever dealt with it before and so that plagued me for a while
45:52that there was not for autism. now i want to spend a minute to actually read a piece of
45:58the law to you because as i think about Syngap and how you can advocate to get
46:05better coverage for the care that you need I think this EPSDT program could be part of your strategy
46:14and perhaps you’ve already pursued this so let me know if that’s the case but the medicaid statute
46:23requires certain types of medical assistance that’s the term of art to be covered. one is
46:33paragraph a nursing facility services. paragraph b early and periodic screening diagnostic and
46:42treatment services as defined in subsection r for individuals who are eligible under the plan
46:49and are under the age of 21. so that is the EPSDT statutory provision and then if you look at
46:58subsection r it says that EPSDT services include such other necessary health care,
47:10diagnostic services, treatment and other measures described in subsection a to correct or ameliorate
47:19defects and physical and mental illnesses and conditions discovered by the screening services
47:26whether or not such services are covered under the state plan. So this is an incredibly
47:34comprehensive program that congress passed with the intent that for children who are on Medicaid
47:46we want the government to pay to detect their health care problems, get them properly
47:53properly diagnosed and treat them and it doesn’t list out certain health care conditions,
47:59it just says health care conditions and so this is just a sweeping statute that I believe you
48:10could argue, and successfully argue that if if a doctor is recommending ABA or whatever the doctor
48:20is recommending for an individual with Syngap if that if that person is or that child because EPSDT
48:27only goes through 21 if that child is eligible for medicaid then medicaid must pay for that treatment
48:36and we can talk more at the end if you have particular questions about that but it’s it’s an incredibly important tool in the advocacy toolbox. I’m debating if i was going to
48:48tell you the history i i’ll take just a second to tell you that the reason congress passed this law
48:55was because i think it was during the Vietnam war era draft too many
49:03young people were getting out of military service on the basis of a relatively minor health problem
49:12and congress got upset and said that’s ridiculous if we had known you had a hearing deficiency we
49:18could have fixed that or if we had known you had this impairment we could have fixed that
49:25and so kind of as a backlash against all these people getting out of military young people
49:30getting out of military service congress added this EPSDT program to the medicaid program and
49:37said we’re fixing it from now on we want healthy kids. so use it. use it so the autism community
49:46had to do quite a bit of deliberate advocacy to make use of EPSDT. in fact all or almost all
49:59states were not providing coverage for ABA as part of EPSDT and so we advocated directly with CMS
50:11for a period of years and the end of the story is that on july 7th 2014
50:18CMS issued a memo, a seven-page memo, to all state medicaid agencies basically clarifying
50:28that medicaid coverage for children with autism should include all medically necessary services
50:37they stopped short of saying hey states you must cover ABA because they don’t like to list out
50:43particular treatments but that was the point of this memo almost all states instantly got it and
50:51implemented ABA coverage there are actually two states still dragging their heels even though
50:58this memo came out in 2014 and a couple of states have required litigation but we’re almost there
51:04in ensuring that all medicaid eligible kids in all states have access to ABA
51:12by the way in in case you’re not familiar with medicaid eligibility
51:18it does vary from state to state in all states children can be eligible for medicaid on the basis
51:27of income if they meet a certain poverty level or their family meets a certain poverty level,
51:33that is one pathway to medicaid eligibility but in many states, the majority of states there’s
51:40another pathway to medicaid eligibility on the basis of disability and so you don’t have to be
51:48poor, you can simply meet the medicaid definition of disability and become eligible for medicaid. So
51:56for example my son is on medicaid he he also has private health insurance through my job
52:02but he is on medicaid and he is eligible for it because autism qualifies as a disability
52:09for medicaid purposes. So i recommend that you use medicaid EPSDT again as a tool in your advocacy
52:20even if it only reaches poor children because strategically there’s a reason to
52:26do that but also know that in many states it doesn’t reach only poor children, it reaches
52:33those with with qualifying disabilities. Okay. One thing i’m transitioning a bit here and one thing Systems
52:42i want to say is that i do have a firm belief that a variety of systems have a role to play in
52:51ensuring adequate services are provided to children with autism and other disabilities.
52:57I have spent most of my career as you’ve heard ensuring that insurance and medicaid are
53:03at the table playing a role because they were playing no role at all when my son was diagnosed
53:09but it’s not that I think the schools don’t also have a role to play they certainly do and IDEA makes that clear and various other state programs as well have a role to playStrategies
53:25there’s my transition queue. so i want to turn now and for the remainder of my time
53:31just talk about tips and strategy. you know if you decide to pursue a legislative route trying to mandate coverage for Syngap I
53:41certainly think you could do that and and frankly you could probably tag onto the autism insurance
53:47mandates in in many states. so i just want to talk a little bit about the strategy that we
53:53developed through the autism insurance, through the period of getting all those laws passed
53:59because I do think this is hugely important and a reason that so many advocacy efforts fail. So Playing Against the Big Boys
54:08okay i forgot i had that much music first of all it’s just really important to keep in mind
54:15if you’re pushing an insurance mandate of any sort you are playing against the big boys.
54:23I knew that and yet i was still overwhelmed by the amount of money that was spent to oppose our bills in each state. On our side
54:37occasionally we were able to fund a lobbyist in most states not but occasionally we were
54:44sometimes who were working well below their dollar value but parents were doing most of the advocacy
54:51and on the opposition side there would be teams of lobbyists who spent every day at the state capitol
55:00working against our bill. It is kind of stunning to appreciate the extent to which you will be
55:07outnumbered and overpowered and outspent by the opposition if you’re advocating against
55:13the health insurance industry. So we had a strategy in South Carolina that that my Favors Fishnets and Facts
55:18brother who has since passed away but he was a political consultant he didn’t lay this out
55:24in in the way that i’m going to tell you but he’s the one who helped me understand what’s important.
55:32The strategy is called favors fishnets and facts and and when i first wrote this bill
55:37and i wanted to get it passed I literally showed up with binders full of data that i had compiled
55:43to support the efficacy of applied behavior analysis and show the scientific literature
55:49and and my brother to whom with whom i shared this just laughed and laughed and he said
55:55data? What you think they want to see your data they don’t want to see data? Here’s what you need to do call up your own legislator and say senator jones i live in your district and i want to ask
56:08you a favor i have a child with autism. there’s a bill pending that would really help my family
56:15would you sign on to that bill and would you support that to help my family?
56:20And my brother said that’s all you need to do just ask them if they know that there’s a constituent
56:27in their district who cares about their bill most likely they’re going to sign on to it. And
56:33i was dumbfounded by that. I said to my brother why would anybody sign onto the bill if they
56:39haven’t read it if they don’t know if it’s a good idea if they haven’t seen the science behind it? He said trust me it’s just the way it works so that was our strategy and within a few weeks we
56:51had 81 legislators listed as co-sponsors signed on to our bill just by finding a constituent in their
57:00district to call and ask a favor. It was really clever. The insurance industry took note once they
57:09saw suddenly oh my goodness there’s a mandate bill with 81 sponsors we better pay attention.
57:16The second piece of the strategy is called fishnets and this is not me in the photo this is my friend Lisa Rollins who was also an autism mom and she decided i’m going to do this with
57:26you you you tell me when to show up i’m going to meet you at the South Carolina state house every day and we’re going to work this and Lisa she had never been to the state capitol either
57:38but she really got into it and she was having fun and she loved getting to know the legislators she would chase them into the men’s room door just lobbying and educating them and
57:50I tell you as the days went on Lisa’s skirts got shorter and the blouse got lower cut and one day
57:57she showed up and she had on this short black skirt and fishnets and i thought oh my gosh i’m going to have to tell Lisa that’s just not appropriate and then i said you know
58:08no i’m not going to do that i’m not going to tell her that’s not appropriate lisa is not a professional lobbyist. She’s a mom and she’s entitled to come to the state house and talk to
58:18her representatives wearing whatever she wants to wear. It doesn’t matter because we’re not
58:23trying to pretend to be anything other than what we are well that was the best decision i ever made because Lisa looked very good in her fishnets and she got a lot of doors open with those long legs.
58:35And then facts is at the end. So favors fishnets facts. At the end of the process
58:43there will be one or two people in the legislature who do want to see your binder with all the facts
58:51and the data and i was relieved frankly that there there was the way the legislatures work is that
58:59somebody educates themself enough to assure their colleagues yes, this is good policy,
59:04this is a good bill but it’s not everybody the bulk of the people who vote on it
59:11i shouldn’t say they’ve never read it maybe they they have read it but they certainly haven’t studied up. They trust each other they find somebody who has studied up
59:20and and they and they vote on the basis of that recommendation so that was kind of our strategy Tips for Legislative Success
59:26there. A few tips for legislative success that we we learned as we went through the process Get to Know Your State Legislators
59:33one of course is just get to know your state legislators. If you don’t already know them just
59:40call them up and and say hey i’d like I live in your district those are the keywords
59:46and i’d like to sit down with you and talk with you about an issue. It’s really important even before you have an ask to educate them on the issue. Also get to know your state regulators Get to Know Your State regulators
1:00:00because a lot of times it’s the regulators who run the agencies who have more direct power over
1:00:05you than the legislators themselves and I have listed just a variety of agencies from California
1:00:13that were relevant in our California efforts and they have different names in every state of course
1:00:22how do you get to know your state officials the legislators or the regulators? be on the lookout for town meetings and go to their own town meeting if they’ve set something up.
1:00:32Definitely if it’s campaign season they’ll always lend you an ear at a campaign event. There are
1:00:39conferences where if you’re engaged in a national strategy on a state-by-state basis like we were
1:00:46it’s really worth your time to go to the national conference of state legislators or the council
1:00:52of state governments or the national governors association. Presumably those will start to be
1:00:57in person again soon and i started going to those I got Autism Speaks to set up a booth i got the
1:01:06behavior analyst to set up a booth because you can hit a lot of the legislators all at one time
1:01:12and if you’re not there educating them about your cause why do you think they’re ever going
1:01:18to know about it or learned about it you you’ve got to take that on that’s your role as a citizen
1:01:23in government that’s how it operates. We also set up a bunch of Starbucks meetings when the
1:01:30legislators were home not at the state capitol but home in their district it was just really easy to
1:01:36say you know i’d like to meet with you or i’ve got a handful of families who want to meet with you
1:01:41can you just stop by Starbucks on Tuesday morning at 10 and that was really a low pressure way for
1:01:48legislators to meet because it’s a public place they could duck out whenever they needed to
1:01:54and so we found that they were really willing to just meet at Starbucks and learn about our issues.
1:02:02This is the most important tip i think of all and that is be friendly and polite. Not demanding. so
1:02:12many people walk into a legislator’s office and bang their fist on the desk and they they’re mad
1:02:20because there’s no coverage for autism and why should my child be discriminated against and
1:02:25we had to sell our house and whoa you know 99% chance the legislator knew nothing about that
1:02:35unless they happen to have autism in their family or they have Syngap in their family chances are they barely know what it is, they they’ve never heard of the treatment they’re
1:02:45not aware that insurance doesn’t cover it. They don’t know the struggles you’ve had as a family
1:02:50you need to walk into every meeting assuming that that legislator wants to help you. They truly want
1:02:58to help you they just don’t know what your needs are they don’t know your issues so your job again
1:03:05as a citizen in this form of government is to meet with them and educate them here’s what Syngap is.
1:03:13Here’s how it affects my child here’s how it affects our whole family here are the problems
1:03:18that we’re still facing when we try to access care for our child here’s a solution that I have in
1:03:24mind that I’d like your help with. They respond so much better to polite friendly approaches.
1:03:34if you do pursue legislation even if it’s just amending an existing law like the autism insurance law you want to carefully choose a legislative champion.
1:03:44You need to find one person or a couple of people who are going to make it their job to wake up
1:03:50and think about that bill every day because just getting a bill filed means nothing. The bill will
1:03:56just sit there you have to have an advocate who is pushing your bill through the system and you
1:04:03want to think carefully about whether you’re in a republican-controlled legislature or a democrat-controlled legislature. You typically want to select somebody from the majority party.
1:04:12Even if you feel like your issue is a democratic issue say if you’re in a republican control
1:04:18legislature find a republican sponsor you’re going to be a lot more successful that way. Also
1:04:23if you can find a legislative leader to carry your bill they usually are savvy and and have
1:04:30favors that they can call in so that’s that’s always good.
1:04:36When you’re recruiting spot legislators to sponsor your bill you have to know their language. Here’s
1:04:44what we learned: if you ask a legislator will you sign on to the autism insurance bill if they say
1:04:54yes they mean yes if they say no they mean no but most of them don’t want to say no so they’ll say
1:05:04maybe and if they say maybe that means no. If they say let me think about it that means no if they
1:05:13say i’d like to study it that means no if they say i’m not sure about the timing of this bill
1:05:19that means no. If they say i support kids with autism that means no what you have to understand
1:05:26as you’re counting votes and you’re counting how many people said they will co-sponsor your bill
1:05:32or vote for your bill if they have responded with anything other than yes that means no
1:05:39because if they are going to sponsor it or they are going to commit to voting to it they really want to say yes to you. You’re a constituent. They desperately want to be able to say yes
1:05:49so if they say anything else they’re not with you so make sure you don’t count those as yeses
1:05:56oh yeah i’d like to help everyone with autism i learned also that means no make sure you pursue
1:06:02one thing at a time legislatively so many times i would go into a state that was ready to pursue
1:06:09autism insurance reform and also there would be autism advocates in the community who wanted to
1:06:16pursue a license plate oh we’ve always wanted to have an autism license plate in this state
1:06:23and maybe they wanted to pursue a registry we’re interested in having individuals with autism
1:06:30on a voluntary registry both of which are great ideas right but the way legislators think if if
1:06:38in one year they do something for autism autism is checked off they’re not going to do
1:06:46everything you ask for and so if you ask for an autism insurance mandate and a license plate
1:06:54and the other one all at one time a registry guess which one they’re going to do probably
1:07:00the license plate they’re not going to do the insurance mandate which is the the hard one to pass so if you’re trying to get insurance coverage that is your only ask that year
1:07:13educate and educate on a surface level i’m going to quickly show you this video it’s still just
1:07:19kind of stunning sometimes to think about some of the people who are are our elected representatives
1:07:27and their thoughts on insurance and and how it works let’s see if i can bring this up
1:07:36the second one is take off the mandates for coverage in the State of Nevada and all over
1:07:44the united states but here you know what i’m talking about you’re paying for things that you don’t even need they just passed the latest one is every everything that they want
1:07:55to throw at us now is covered under autism so that’s a mandate that you have to pay for
1:08:02how about maternity leave i’m not going to have any more babies but i sure get to pay for it on my insurance those are the kinds of things that we want to get rid of
1:08:15i probably shouldn’t make any comment after i show this video but it’s
1:08:20stunning to me that some people don’t seem to understand how insurance works and that is you spread the risk amongst the entire population
1:08:32you don’t just select oh i’m going to have babies so i want maternity coverage in my policy
1:08:39or i have a child with autism everybody pays for everything that’s kind of the whole concept behind
1:08:46insurance so you have to educate at a very surface level and along those lines as well this was a
1:08:53huge mistake i made when i started the legislative advocacy legislators would ask me i knew they
1:08:59would ask me well what is autism and this slide was in my original powerpoint when they would ask
1:09:06what is autism this is the slide i would show this is a terrible slide for that question you can’t
1:09:14process all of that it’s way too much information it’s it’s this is from the dsm at the time
1:09:21so after a year or two i i learned to to simplify even more autism is a medical condition
1:09:28it affects social skills language whatever and then i simplified even more and made it colorful
1:09:36because you know one minute legislators are learning about autism and the next minute they’re
1:09:42talking about trash collection and the next minute they’re talking about bridge construction or transportation issues they’re generalist and they just can’t remember and can’t process
1:09:54really deep detailed information so you have to educate them at a very surface level let’s see
1:10:04where is my why there we go use positive reinforcement those of you who are familiar
1:10:10with applied behavior analysis know that that’s one of the principles of human behavior that’s very much a part of aba and you need to use it with the legislators as well and and with the
1:10:19families who are working with you write thank you notes whenever you’ve had a positive conversation with the legislator issue a press release to the local newspaper they love that i mean first of
1:10:32all a local newspaper will publish anything that you write and give to them pretty much and if you
1:10:38send it with a picture of here i am or here’s my child with senator jones well senator jones
1:10:44is going to love that and you just put a little caption senator jones showing his
1:10:49support for kids with autism at that point you’ve basically trapped senator jones into
1:10:56voting for you because you you’ve thanked him in the paper and and also be really positive with the other families that that are working with you on that
1:11:06it’s really important to be present if you’re trying to pass legislation that’s hard when when
1:11:13your family members we can’t be at the state capitol all the time we have kids to care for
1:11:19and so if you can hire a lobbyist that’s where that helps but be present or be there
1:11:25sounds kind of obvious but it’s amazing how quickly some things happen and without notice
1:11:31uh it’s not like they call you and say next thursday we’re going to consider your bill
1:11:37it may be that one morning the chairman says let’s put that bill on our 11 o’clock calendar and you
1:11:43don’t even have time to get there so you need to be there all the time when the legislature is in session somebody somebody has to be there keep your eye on the clock the game is not really about
1:11:55yes or no votes typically if somebody’s trying to defeat your bill it’s about beating the clock and
1:12:02so there are all kinds of internal deadlines and if you don’t get a bill passed by x date
1:12:07then it gets carried over to the next year so you haven’t lost they just defeated you
1:12:13with timing and i had to learn that the hard way a couple of times so remember it’s about the clock
1:12:22name your bill and you have to think about whether to use the word mandate i mean if you are trying
1:12:28to require insurers to cover something then you are mandating coverage and technically that’s
1:12:33called a mandate but a lot of republicans hate that word and they pride themselves that they’ve never voted for a mandate which i actually find to be hard to believe because virtually all laws
1:12:44are mandates where a seat belt is a mandate drive 65 or under is a mandate but they hate insurance
1:12:54mandates many many uh conservatives do so you have to think about using that language too much
1:13:02in in South Carolina as you heard the bill was called Ryan’s law after my son in Montana it
1:13:08was called Brandon’s bill because i worked with a mom named Laura whose son Brandon was uh was
1:13:14there advocating in Arizona it’s called Stephen’s law so if you can name your your bill and help
1:13:20people understand it by putting a face with it that’s always good orchestrate your testimony
1:13:27i can see i’m we’ve only got 15 minutes late left so i’m rushing through a few of these but
1:13:33do not just if you get a hearing on a bill you do not just put out a sign up list and say
1:13:40who wants to testify because what will happen is 13 parents will stand up and say the same thing
1:13:48instead you put out a list and you make a list of here are the points i want to make
1:13:53autism is a medical diagnosis who’s the best person to make that point autism is treatable
1:13:59who’s the best person to make that point autism is often treated with a treatment called applied
1:14:04behavior analysis here’s what ABA is who is the best person to make that point so you have to list out all of your bullets all your points in the sequential order you want them made
1:14:14and then decide who is the best person to make each point it’s really important to come together
1:14:22to the legislature let’s see we’ll have a moment musical interlude moment
1:14:33I don’t know how the Syngap community is the autism community is very fractured and if you know
1:14:43you’ve got people who want to focus on research others who want to focus on treatment some people
1:14:48who want to look at the genetic underpinnings some people who want to focus on environmental causes in particular vaccines some people who want to focus on biomedical treatment options
1:15:01let me turn that off if i can there we go others want to focus on therapeutic treatment options
1:15:08focusing on children only versus focusing on adults some people who say i have autism and
1:15:14i don’t need or want to be cured or treated at all if you expose all of this internal
1:15:22division and dissension to the legislature you can forget it you need to go with one unified voice
1:15:29and if you can’t get it together internally before you approach the legislature you’re not tight you’re not ready to pursue legislative action in terms of getting treatment for your kids
1:15:42yes it’s very overwhelming for the legislators to understand all of that okay
1:15:50recruit top-notch speakers i kind of touched on that think of who is the best speaker on each point that you want to make and and ask for their assistance
1:16:00pack the room it’s always good to show that there are a lot of people who support this bill
1:16:07whenever we had a hearing my mother who was in her 80s would invite her entire Sunday school class
1:16:16half of them didn’t know why they were there in the hearing room and they didn’t care all they knew was that my mother had told them they would play bingo afterwards if they would sit through
1:16:24an entire hearing and so you want to have all the people wearing your pen or wearing your ribbon or
1:16:30whatever that you can play the kid card you know we decided it’s really not about sympathy it’s
1:16:37not about generating sympathy for your cause it’s about demonstrating why from a business or from a
1:16:43financial perspective it makes sense to require health insurance to cover your child’s treatment
1:16:49and there is a financial case to be made that’s what persuades them it’s not evoking sympathy so
1:16:57we made a decision we’re not going to try to play the kid card on the other hand we’re not going to
1:17:02try to uh hide our kids either a lot of us needed to bring our kids to the capitol or else we
1:17:10because we had no babysitters so we didn’t play that card but but we expose them in a natural way
1:17:19i was afraid to involve the media at the outset because having been a journalism undergrad i knew
1:17:25that the media was supposed to present both sides and i really didn’t want both sides presented
1:17:30in the media but that was a mistake i learned early on that was a mistake because uh the media
1:17:37very favorably covered our side and they loved this grassroots effort that was led by parents
1:17:44not led by lobbyists so we got really favorable coverage always maintain your credibility
1:17:50a lot of times i was asked questions by legislators that i did not know the answer to for example simple questions like how many children in South Carolina have autism i didn’t
1:18:00have that data i knew the prevalent statistics from the CDC i knew some school statistics but i
1:18:07really didn’t have an accurate answer don’t make it up i mean this is one thing you learn in law
1:18:12school don’t ever make it up because then you’ve lost your credibility it’s always fine to say
1:18:17we’ve had a hard time producing that answer or can i try to research that further and get back to you
1:18:25lower your standards one of the things you learn in law school they tell you there are two things that you never want to witness being made sausage and the law and it’s really true the process
1:18:38of of watching a law be made is ugly and if you insist on a perfect bill with all of the terms
1:18:47that you wrote into it you’re probably going to get nothing there are probably going to be some
1:18:52things written into the bill that you vehemently disagree with there were for me in virtually every state but i had to learn to lower my standards some coverage is better than no coverage even if
1:19:04the coverage is not perfect it drives me crazy to this day that the South Carolina law named
1:19:10for my son says you have to be diagnosed by age eight because some people don’t get diagnosed by age eight particularly in a lower socioeconomic status so i hate that provision
1:19:20but had i stood my ground and said no if you won’t take that out i’d rather you not pass it at all
1:19:26there would have been many many children who wouldn’t have had coverage to this day negotiate this was another mistake i made this picture is the lobbyist for blue cross blue shield
1:19:39asking to meet with me at the end of our first very successful hearing and at that
1:19:44point i was kind of like i don’t think so we just had 200 people in the committee room and we have a lot of support that was a huge mistake always sit down with the other side
1:19:55and try to work out compromises and negotiate just say no to task forces and working groups
1:20:04very often at a committee hearing if you’ve got a bill an autism insurance mandate or your
1:20:10insurance mandate a legislator will say you know this is a really interesting issue that i
1:20:17haven’t known about before today and i think it’s important we do something on this
1:20:23i think we should put together a task force to study this the first time one of them said that
1:20:28to me i i was like yes we should i think so too and then i learned what that actually means is
1:20:35let’s kick it down the road for two to three years it’ll take six months to assemble the task force and then six months for them to start meeting and then six months to write the report
1:20:45no you want action you don’t want more study work with a lawyer i’ve got just one particular example
1:20:54Georgia actually passed an autism insurance bill of sorts in 2001 very early on
1:21:02this is the law if you read the very last sentence it says the provisions of this subsection shall
1:21:10not expand the type or scope of treatment beyond that that is authorized for any other diagnosed
1:21:18neurological disorder i’m pretty sure the insurance industry got that last sentence
1:21:24inserted and whoever was backing the bill probably wasn’t working with a lawyer who
1:21:30could look at that sentence and say wait a minute this kind of negates everything if they’re not
1:21:36using ABA currently for other neurological disorders then this senate says that they don’t
1:21:41have to use it cover it for autism so this bill essentially got nothing for the autism community
1:21:48they worked hard to get it passed and then they didn’t get what they needed keep your chin up
1:21:55i’m not going to tell all my war stories but it the legislative route is very difficult and
1:22:01if you don’t have to use that approach in order to get coverage for your kids then don’t because it’s it’s can be costly it’s exhausting all of these bullets are our stories
1:22:14you know one of the insurance lobbyists reported me to the bar tried to get my bar license taken
1:22:21away a lobbyist at one point with a room full of autism mothers said you know what is autism
1:22:29really anyway isn’t it something the mothers did while they were pregnant like drinking or smoking
1:22:34i mean it’s hard when you have to face that kind of ignorance and try to fight for your
1:22:42child’s health care it’s a hard it’s a hard battle prepare for the questions you least want to answer
1:22:52we actually already touched on most of these so i’m not going to go through these slides
1:22:58let me see if there’s anything else we talked about the educational argument and the
1:23:03experimental earlier in the program yeah but you know anticipate what the questions are going to be
1:23:13and come up with with answers in advance because you’re going to be asked the hard questions if
1:23:19all of this policy and legal stuff is interesting to you i invite you to join the autism community
1:23:28at an event that we do every fall a gathering called the autism law summit it’s something
1:23:34that i started in charleston South Carolina 15 years ago and it still happens every fall
1:23:41we move it around the country it was in salt lake city in DC, Nashville, Mobile, Albuquerque,
1:23:47San Diego san antonio jackson hole was our last in-person one last year we did it on zoom and
1:23:54called it the sort of summit but every year uh this just group of autism parents and providers
1:24:04and researchers and policy makers come together to share ideas and strategize about how we can
1:24:12make things better how can we use law and policy and legislation and court to bring things better
1:24:18a group of attorneys assemble as part of it every year these are attorneys from all around
1:24:24the country who are willing to litigate cases i bet they’d be willing to litigate some Syngap
1:24:29cases for you so the the autism law summit this year is in columbia South Carolina my hometown
1:24:37October 24th 21st through the 24th and you would be very welcome there and would enjoy networking
1:24:45with the movers and shakers who come to this um i think i’m going to jump right to the question
1:24:51these are kind of my my final slides right here which are just more stories so i see that there
1:25:00are two comments in the chat um i have advocated for change on a small scale for my child
1:25:08for example getting his IEP to be quite different than expected how can i effectively advocate on a
1:25:13different scale school district state national level is one more efficient what about when my personal views are not exactly aligned with an advocacy organization
1:25:23are direct letters to state senators the best thing to do well i think i’ve sort of hit on some of that and what i just addressed it kind of depends on the issue
1:25:35you know for me i considered kind of fighting through the IEP process to get my son’s ABA
1:25:43but i really for us i felt strongly that the schools were trying and the insurance companies
1:25:52were not trying to help at all they were trying to stay away from it and um i thought sure i could
1:25:59hire a lawyer to sue the school district that will take years probably and cost a lot of money in
1:26:04the same amount of time i can probably change the law the insurance law at the state level and then
1:26:11everybody or more people would be able to benefit so it just depends
1:26:16on exactly what is the policy change that you you want to effect direct letters to
1:26:23to state senators and representatives are a great thing and direct meetings are even a better thing
1:26:29as i said you want to you want to put a face with a name so that they
1:26:35no it you know if I tell you like legislators in South Carolina if a constituent ever contacts them
1:26:43about an autism issue a lot of the legislators will reach out to me and say can you help me
1:26:49help my constituent and i am so happy to do that I love that they reach out to me
1:26:54but they think of me as the autism mom and there there are others as well you know and because
1:27:00i’ve made my face known to them and and they know that this is something I’m very passionate about
1:27:05so make yourself known to your legislators so that should they ever have a Syngap issue arise
1:27:15or or other rare disease issues they’ll reach out to you for help are there any other questions I
1:27:24think a lot of this may be through facebook live so I don’t know that I would see it but
1:27:29yeah no worries so I actually have a couple of questions for you myself but i just wanted to say
1:27:37all of the information that you’ve given us today has just been so incredibly comprehensive I love
1:27:44how much of it comes I mean really all of it comes from your personal story and the intersection of your personal life with obviously your professional career to make change
1:27:55for so many of us and I definitely do want to ask you some questions some are a little more general
1:28:03and then some are a little more specific based on conversations that I’ve had with people prior to this webinar and knowing what they would want to ask as well so my first question for you
1:28:14is you touched a little bit on how we should view legislators so for instance the basic
1:28:21takeaway that I got was that we should view them as wanting to help but perhaps not being informed
1:28:28i want to ask after all of this time what would you say is the general way that we should view
1:28:34insurance companies at best what are they and at worst what are they that is a loaded question
1:28:43well you know my experience was that insurance companies were not going to step up to the plate
1:28:51voluntarily and do the right thing I wish that that were not so but if you think about insurance
1:28:59companies um they answer to their shareholders and their shareholders interest is to maximize profits
1:29:09essentially at base I mean I’m oversimplifying but it is not consistent with maximizing profits
1:29:18generally to add benefits the fewer coverages they have to offer the higher the profits will
1:29:27be and so I have not had a lot of luck reaching out to insurance companies directly to try to
1:29:36get them to add coverage that said once coverage was mandated I’ve had I have some really great
1:29:45relationships now with people who work within the insurance companies but their lobbying arm
1:29:53is a different matter and and we always fought rather tooth and nail now all that said given
1:30:03the similarities between Syngap and autism if i were your community I would give it a shot
1:30:13you know the prevalence is is low relatively low and given the similarity I think it would be worth
1:30:24reaching out to each insurance company to say you know we’re very similar to autism we respond very
1:30:30similarly to autism there’s now a lot of cost data to show that adding the autism ABA coverage
1:30:39did not break the bank it was remarkably low the impact on premiums in in my state for example
1:30:48years after the insurance mandate went into effect we have data from blue cross showing that
1:30:56the impact on premiums is about 40 cents per member per month and so really do they want
1:31:05to fight with you that much over that little so I think it’s worth it it’s worth a shot
1:31:12yeah that’s that’s actually striking to me because i’ve never never had to put to me you know when
1:31:18you add an expensive therapy that looks incredibly expensive to a single family right when you’re
1:31:23looking at a hundred thousand dollars a year but then when it’s shared within a large insurance
1:31:29network what that actually looks like is there a great place that we could go that has numbers
1:31:35like that to look at the cost benefit or or the actual I guess negative cost of 40 cents that
1:31:42the ABA could have on a plan so email me i have a lot of that data I’m not sure that it’s
1:31:53publicly available anywhere well that’s not true I’m not sure it’s broken down in a way that you
1:32:00would be able to access it but any state’s public employee health plan would of course have to make
1:32:06their data publicly available it might be a little more difficult to to extract just that piece of
1:32:13it but I have a lot of it and I’m of course very happy to share it with you I will also
1:32:18say that as to the autism benefit in particular for a number of years the Missouri department of
1:32:26insurance was required by their state legislature to report on the cost of the autism coverage
1:32:33and so there that is one state’s data that is publicly available written into a nice
1:32:39document i can also send you that latest report but you could google that and find that as well
1:32:45great that’d be really interesting to see so just on the topic of Syngap and obviously i
1:32:53had mentioned that the prevalence is about 50 of our kids will also get a co-diagnosis of autism
1:32:59you had mentioned and I’m so sorry I didn’t write down the terminology that you used but I think it
1:33:04was something along the lines of we could kind of be tacked on with the autism legislature as Syngap
1:33:14I just wanted you to give me like a brief overview of what you meant by that and kind of the steps
1:33:20that we would look at taking if we wanted Syngap to be recognized as a disease that’s worthy of
1:33:26having ABA provision made for our loved ones as well so i think it would require legislation on
1:33:37a state-by-state basis but rather than having to write a whole bill from scratch what you would do
1:33:47is pull up the existing autism insurance law and just add the words “and Syngap” when it defines
1:33:59for whom must this coverage be available you would just add into there “and Syngap” and so
1:34:08it’s a tiny change which can make it easier to go through
1:34:16the down syndrome community got added to the autism insurance mandate in Florida.
1:34:25In Missouri two years ago another group of disability advocates got the mandate expanded
1:34:35to cover another group of disabilities. Now that experience was actually highly problematic because
1:34:44that group of advocates kind of didn’t know to touch base with the autism community
1:34:51to make sure that they weren’t agreeing to anything that would be damaging to us
1:34:57and so the insurance industry got a hold of their bill I mean initially all they wanted to do was
1:35:04add their group of disabilities to the coverage bill. The insurance industry sat down with them
1:35:10and said you know maybe we can work with you so you won’t have to fight so hard to get this added.
1:35:18We’ll agree to have your disorders added if you’ll agree to a few language changes here and there
1:35:27language changes which were highly detrimental to the autism community but they didn’t really know
1:35:32that and so the autism community had to spring into action. We didn’t even know about the bill
1:35:42until it was already halfway through the entire process and had already passed the house. So it can be problematic. any time a piece of legislation, a law is opened up it can
1:35:52be problematic and so we we’re always having to protect the 50 laws that have passed but I can
1:35:59assure you that the autism community would be very supportive of the Syngap community just trying to
1:36:07get added in and we would help. Okay. What do you think we should have in mind as far as strategy
1:36:14goes because I’m sure you’re aware that Syngap is you know just one of many neurodevelopmental
1:36:20disorders that is, you know, linked with autism and tied to a genetic diagnosis. Would it be
1:36:25in our best interest to levy relationships with those other organizations to get a bunch of
1:36:31them included or would it be better to say well let’s just do one at a time because then it you
1:36:38know maybe it’s less complicated in some ways and do it just for Syngap? What do you think? Yeah that’s a hard question and it might vary from state to state, you know, or it’s possible
1:36:51some of the autism insurance mandates actually say there must be coverage for autism and similar
1:36:58related developmental disabilities or other neurological disorders. I don’t remember the exact language but some of them are very specific to autism and others are slightly broader
1:37:09and certainly I’d be in favor of making it as broad as we can but sometimes when you try to
1:37:16use language that’s a little too broad or generic that just gives the insurance industry a reason to
1:37:22fight back and say “well I don’t even know what they mean by this. Which disorders have to be
1:37:28covered? Can we count those? Do we know how many people that is?” So it can be a little tougher
1:37:34and you know I will say the autism community at times got criticized for pursuing coverage for
1:37:43only autism but I’ll tell you like you know I wrote the bill that’s all I knew right? I mean
1:37:52it’s not like we were trying to be exclusive or that we had made a strategic decision that it
1:37:58would be easier to pass just autism. I only was advocating for what I knew and I knew that ABA
1:38:05had been shown to be effective for autism. So you know you just have to kind of balance going beyond
1:38:15where you know the science is valid or whatever and make that kind of on a state-by-state basis.
1:38:23Okay, yeah. Now the next question that I have for you is a little more it’s not
1:38:28focused specifically on autism so you can let me know if it’s you know maybe not your
1:38:34expertise but I’d still love to get your opinion. So you know as you know with Syngap we have
1:38:41children who we want treated with ABA because of their autism diagnoses and that’s expensive and on
1:38:47the other hand a lot of our children are diagnosed with epilepsy and other co-morbidities that
1:38:53we also are seeking expensive treatments form in the form of some kind of genetic treatment
1:38:58and other neurodevelopmental diseases have already had such treatments come down the pipeline and clinical trials we’re of course hopeful
1:39:05that that will happen for our disease as well I’m wondering what what knowledge you think you could
1:39:12transfer to us as a group that will also be seeking expensive treatments in the future
1:39:18in the form of genetic treatments and making sure that our loved ones have access to those as well.
1:39:25So in the case of other genetic disorders for whom treatments have been discovered or
1:39:35however you want to put it has there been difficulty of getting coverage for those? So I’m not super aware of what’s gone in this realm as far as coverage.
1:39:46I do know as one example muscular dystrophy has a genetic treatment that is covered at least in some
1:39:53cases that I’ve personal family stories that I’ve read covered by their insurance. I’m not sure what
1:39:58legal battles if any went into that. I wasn’t sure if you might be able to speak to that. yeah I mean
1:40:03I don’t really know. My initial reaction is you know make sure that there’s not already coverage
1:40:15you may not be getting so so with autism because there is no identified genetic
1:40:24underpinning that is one of the reasons the insurance companies didn’t want to cover it or
1:40:31that was one of the justifications they would give legislators is we don’t even know what this is anybody can say they have autism you know there’s no medical test for it
1:40:39and so in a way you have a leg up because there’s an identifiable genetic cause
1:40:48and it’s not the case that everything that is coverable is listed in a policy as covered. So I mean I’d say the first thing to do
1:41:01is file claims and see if it is covered and if it’s not figure out what is the reason it’s not
1:41:08because often the reasons are junk you know you’ll get invalid reasons or you know I don’t know the
1:41:20I think sometimes the insurance companies just throw something to the wall and see what sticks. They just issue a denial and hope that the family won’t appeal and most of the times the families
1:41:31don’t appeal. They just say “oh that got denied… ugh” and they don’t think to fight back and they
1:41:37don’t think to question why was it denied. So I would definitely very exhaustively go through that
1:41:43process first of seeing if they will cover it and if they won’t what is the reason and is it valid?
1:41:52Okay all right and then my final question to you is if you have any advice for maybe some of our
1:42:02global Syngap family that are residing in countries where you know ABA is still going to be told to them that it’s experimental
1:42:11and you know we don’t cover this like nothing in our nation that covers this what would be some
1:42:16first steps that they could dream of looking at obviously the system is not going to be exactly
1:42:22the same here as in the states but I’m sure there are starting places for them yeah I appreciate that question and I lose sleep now over that question I’ve worked with families in a lot of
1:42:33different countries I’ve traveled to many of the countries to meet with their legislators or their ministry of education or their ministry of health to advocate for ABA coverage and you know you
1:42:46it’s a long process you’ve got to find families who are in it for the long haul and and it may
1:42:53be resolved too late to be of maximum help to your child but if you think of future generations because in many of these countries I remember going to the Czech Republic and we
1:43:02had great meetings with the legislature with the relevant ministries about the reasons to require
1:43:12coverage for ABA but there were no behavior analysts and there were no training programs for
1:43:19behavior analysts and it’s like where do you even start and so so those families started by getting
1:43:27one of the universities to add a training program with the appropriate course sequence to churn out
1:43:32some BCBAs who then could open some clinics and then we could get funding for it. So it’s a long,
1:43:38multi-year process but it’s going to take the families pushing to make it happen yeah and and
1:43:49CASP will help with that the people who kind of led the effort in the united states are
1:43:57are more than happy to help around the world and and we’re really invested in
1:44:03just making sure every child has access no matter where they’re located so yes even though the
1:44:08system’s different I did some speaking in various asian countries and in Northern Ireland and just
1:44:16a handful of countries around the world in Brazil and yeah you don’t get a legislator to file a bill
1:44:24in the exact same way but some of the concepts are definitely the same and just know that we’re we’re
1:44:31willing to reach out and help to provide resources to share our experiences to share the cost data
1:44:38that sort of thing and even to travel where we can to help convince your your policymakers okay
1:44:47so for instance and a country that i know well South Africa they’re in the situation where
1:44:53autism providers are available if you have enough money because they’re very much located in special
1:45:00schools that cost you know tens of thousands of dollars a year for your child to attend would that be the kind of situation where and I’m assuming this is the case for other countries as well
1:45:10where they would see legislation as their next step since providers are available yes
1:45:16absolutely and in fact i’ve had conversations with a few South African families and
1:45:22was on the cusp of one of the families was was I think ready to fly me over and then covet hit but
1:45:32i think South Africa would would be it would be a great country to work on because they do have
1:45:40some infrastructure and a system of government that I think would support this so yes yes is
1:45:45the answer to your question okay I really appreciate you answering it too because I know one of our moms who’s very active and from South America is here and this is a conversation
1:45:54that we have a lot about making sure that families have access to the care that they need so great well we my husband and I both my husband also works in this field he runs
1:46:04a company called the Autism Legal Resource Center and that’s essentially his law practice
1:46:11but all he does is work with autism families and providers to try to get adequate access to care
1:46:17all over the country and and all over the world and so he and I both went to Brazil in 2019 right before the pandemic and we’re still in touch with quite a few of
1:46:28those families because in particular there their court system the the litigation that’s ongoing is
1:46:34very similar to some of the the ways we have handled matters here and really our experiences
1:46:42there were quite relevant to them and we’re just happy to share you know what we’ve learned
1:46:49awesome well Lorri I want to tell you just again how incredibly grateful we are that you took time
1:46:55out of a busy schedule and so many things that you do to chat with us I really do feel inspired
1:47:02by your personal testimony of caring for your son and then you know, making a purposeful decision
1:47:08that you were going to do things in a way that would change things for future generations and
1:47:13hopefully around the world as well so again thank you so much for taking time to chat with us and if you’re open to it for those families who are maybe watching the recording
1:47:24later on I’d love to submit any questions to them if you’re open to that as well of course I’d be
1:47:29happy to and I’m just very appreciative of the invitation I have learned a lot by meeting you
1:47:36all and you know I anything that that we and the rest of the community can do to assist
1:47:44the Syngap community we we feel your pain in a lot of ways and and we want to see this inequity
1:47:52righted and we’re happy to help great thanks so much I really appreciate it
1:47:57all right so I’ll say thank you to all of those who have been watching us and following along if you do have any questions that you’d like to have submitted to Lorri then you’re welcome to send
1:48:06them through to me sydney@syngapresearchfund.org and again thanks Lorri thank you Sydney