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Archive for the ‘Law and Legal Issues’ Category

New York State Autism Insurance Law – “No one said it would be easy”

On November 1, 2011 New York State became the 29th state to require regulated health insurance plans to cover “medically necessary” services for the diagnosis and treatment of Autism Spectrum Disorders (ASD) for both children and adults. The legislation was intended to help families afford the...

What Are Your Legal Entitlements Now That Your Child Has Been Diagnosed?

The Individuals with Disabilities Education Act (IDEA) is the federal law that governs the education of children with disabilities, including developmental delays. Your child with autism has the right to a free appropriate public education under the IDEA. Each state must provide all eligible...

The Unique Legal Issues That Affect Children and Adults with High Functioning Autism and Asperger’s Syndrome

Over the last several years in our Special Needs Planning and Special Needs Advocacy practices, we have seen a significant increase in clients having a family member with high functioning Autism or Asperger’s Syndrome. Although not exhaustive, this article is intended to provide an overview of...

Funding the Special Needs Trust

Parents or guardians of a dependent with special needs are likely to be familiar with the legal document commonly known as the special needs trust. With the help of an attorney who has expertise in this area, they’ve come to understand that the purpose of the special needs trust is to provide...

ASD and Internet Crime

In the past few years a disturbing trend has emerged. Increasing numbers of ASD individuals are being arrested and incarcerated for internet crimes involving child pornography and inappropriate contact with minors. As a clinician who specializes in autism spectrum disorders, I have been asked by...

When Behaviors Result in Real Trouble: Legal Challenges in Individuals with ASD

When we think about legal matters and individuals with ASD, we often think of the relationship between the law and advocacy. Legal entitlements apply to individuals with disabilities, a free and appropriate education is guaranteed, and certain accommodations must be made to make settings and...

A Brief Overview of the Special Needs Trust

You don’t have to look too far to find reports on how medical costs have skyrocketed - and this is just for the general population. For persons with disabilities, medical costs are typically greater by an order of magnitude. Also, a child with severe disabilities may be unable to live...

Truth or Consequences: AS Kids, Schools and the Law

Students with Asperger’s Syndrome (AS) frequently have behaviors that cause problems in school and lead to extreme consequences. Parents need to know their rights to protect their children. Florida CBS News affiliate WFOR reported in December 2010 that a boy diagnosed with AS was “kicked out...

Accessing and Understanding Social Security Disability Insurance and Supplemental Security Income Benefits

One of the great mysteries in American governmental programs, second only to Medicare/Medicaid, is SSDI and SSI. While they are wonderful programs, keep in mind Congress implemented them – hence the confusing names and acronyms. I leave it to others to ponder if the confusion was on purpose or...

The Challenges of the Law for Young Adults with Autism Spectrum Disorders

The number of children diagnosed with autism spectrum disorders (ASD) has increased dramatically in recent years. In the coming years, these children identified with ASD in early life will be reaching adolescence and early adulthood. Their sheer numbers – according to the CDC, an average of 1 in...