HOUSE RESOLUTION NO. 31

(By Delegates Fahey, Perry, Beach,

Pino, Pethtel, Varner and Proudfoot)


[Introduced March 1, 2002; referred to the

Committee on Rules.]


Requesting the Secretary of Health and Human Resources to seek an autism spectrum disorder waiver through a medical assistance and medicaid home and community-based services waiver for children with autism spectrum disorder.

Whereas, While a mental retardation waiver is available to people with an IQ of 75 or below, with a diagnosis of mental retardation, if a person has an IQ of 76 or higher, that person is not eligible for medical services. Based on population projections and national statistics, this would leave almost half of the West Virginians with autism without any financial help who fall under Autism Spectrum Disorder and who function in the "normal" IQ range because the mental retardation waiver does not cover this group; and
Whereas, A person with autism who has an IQ of 76 or above is probably not able to hold a high paying job. If that person's family is not able to financially provide for a supported living arrangement when they are no longer around, that person may be forced out in the streets. Even if the mental retardation waiver covers the family member now with autism, there are no guarantees for the future. The goal of services is to enable a person to improve that person. From time to time, a person receiving services under the mental retardation waiver must be retested. As a result of receiving services, a person on the border of eligibility may actually test out of eligibility for the mental retardation waiver. From time to time, the government changes criteria for the mental retardation waiver and access can become more difficult with each change; and
Whereas, Individuals with autism should be entitled to health insurance at no cost to the family. This medical coverage should include alternative treatments, therapies, and all testing involved with autism in addition to or amended to the already "in place medical coverage." It is well known throughout the world that most parents and professionals are more and more utilizing the alternative treatment, therapy and educational options with autism. Medicare and Medicaid do not currently cover them, leaving the parents with already stressed bank accounts with the bill; and
Whereas, Children with autism are seeing many benefits many even gaining much needed ground which otherwise might have been lost. West Virginia needs to help support these parents, children, and individuals with autism utilizing these treatment, therapy and educational options, and help to pay for these costs; and
Whereas, The Autism Spectrum Disorder Waiver through Medical Assistance will allow eligible children with autism spectrum disorder to receive additional waiver services to support them in their home and community; therefore, be it
Resolved by the House of Delegates:
That the Secretary of Health and Human Resources is requested to seek an autism spectrum disorder waiver through a medical assistance and medicaid home and community-based services waiver for children with autism spectrum disorder; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Secretary of Health and Human Resources.