Judge giveth and judge taketh away in military insurance case on autism
Source: BY MICHAEL DOYLE, McClatchy Washington Bureau
WASHINGTON A federal judge has now frustrated military families that earlier won insurance coverage for a certain kind of autism therapy.
In a rare reversal, U.S. District Judge Reggie Walton second-guessed his own previous order that the militarys health program pay for the autism therapy sought by a Florida couple and others. For retired Air Force Master Sgt. Kenneth Berge and his wife, Dawn, of Crestview in the Florida panhandle, the new decision could complicate long-term efforts to help their son, Zachary.
Waltons legal about-face also could affect, at least temporarily, many others who want the TRICARE military health program to pay for the therapy, called applied behavior analysis. Ruling in a class-action lawsuit in July 2012, Walton ordered Pentagon officials to cover the therapy under the health programs basic plan.
This week, Walton concluded he erred and would now give federal officials a second chance to justify their policy or change it.
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An estimated 22,000 military dependents have been diagnosed with autism, a term that covers a wide spectrum of behavioral and communication conditions. Advanced behavior analysis uses rewards to help reinforce appropriate behavior, among other techniques. It has been praised for its effectiveness, but it is also time-consuming and expensive.
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