Showing posts with label Judge. Show all posts
Showing posts with label Judge. Show all posts

Sunday, November 11, 2012

Reggie B. Walton

Autism Light #231 is The Honorable Reggie B. Walton.















The Honorable Reggie B. Walton has served as the United States District Judge for the District of Columbia since October 29, 2001, having been nominated to the position by then President George W. Bush. Judge Walton is an Autism Light for his groundbreaking ruling on July 26, 2012, that will ease the path for military families to receive Applied Behavioral Analyis treatment for their children through their military health insurance known as TRICARE.

Reggie B. Walton earned his law degree from American University, Washington College of Law in 1974.  Judge Walton is a member of Alpha Phi Alpha fraternity.

On July 26, 2012, Judge Reggie B. Walton ruled that TRICARE, the health insurance program for United States active and retired military, must cover Applied Behavioral Analyis as a medically necessary therapy. The decision was in support of the plaintiffs in Civil Action No. 10-0373 in case known as Berge v. United States of America. Kenneth and Dawn Berge and a class of other impacted military families brought the Civil Action. The ruling will positively impact military dependents with autism who have basic TRICARE coverage and allow equal treatment for the autistic children of retired veterans as offered to active duty personnel.

Judge Walton's ruling explained the effectivness of ABA Therapy for autism treatment. The conclusion of the judgment report had this important ruling: 
Because the Agency's denial of ABA therapy coverage under the Basic Program is arbitrary and capricious, the Agency must therefore be enjoined from denying qualified beneficiaries coverage on the ground that ABA Therapy is not a covered benefit under the TRICARE Basic Program. Thus, the Court will remand the case back to the Agency with instructions that ABA therapy coverage be provided to Basic Program beneficiaries who otherwise qualify for reimbursement and such reimbursement be provided in compliance with the applicable TRICARE guidelines for the expenses incurred by qualified beneficiaries to acquire ABA therapy for their children. Accordingly, for the foregoing reasons, the plantiffs' motion for summary judgment is granted and the defendants' cross-motion for summary judgment is denied (Source-The entire 66 page ruling can be read at this link).
To learn more about how this judgment impacts military families with autism read the news coverage at the following websites.
For more information about Judge Reggie B. Walton and his other judicial accomplishments besides this autism case visit his Wikipedia page or his official District Judge page.

On this Veteran's Day we salute Judge Walton for giving a ruling that will directly help military families with autism. His ruling may also establish a precedence for future victories regarding insurance coverage of ABA treatment. Thanks to The Honorable Reggie B. Walton the door has been opened and the future appears brighter for military families and veterans who have children with autism that need ABA treatment.

Autism Light honors diverse heroes to the world of autism.

The photo of Judge Walton is in the Public Domain.

Tuesday, March 27, 2012

Joan Lenard

Autism Light #174 is The Honorable Joan Lenard.

The Honorable Joan Lenard is a United States Judge on the United District Court for the Southern District Court of Florida. Judge Lenard was appointed to the court by President William Clinton in 1995. On March 23, 2012, Judge Joan Lenard issued a ruling in the case of K.G. vs. Dudek. Her ruling in effect required the Florida Agency for Health Care Administration to cover ABA therapy for children in the Medicaid program, when prescribed appropriately by medical personnel for children with autism. The Honorable Joan Lenard is an Autism Light for handing down this ruling that will benefit potentially 8,000 children with autism in Florida.

Judge Lenard said of this case regarding ABA therapy and Medicaid coverage, "This case, if not the most important, is one of the most important cases that I have ever heard (Source)." The Honorable Judge Joan Lenard is in the process of creating a formal opinion, but she issued the ruling in order to have an immediate effect on its implications for children needing ABA therapy. The ruling was praised by Autism Speaks.

In making her ruling, Judge Lenard said:
Plaintiffs have established through their expert witnesses that there exists in the scientific and medical peer-reviewed literature a plethora of meta-analyses, studies and articles that clearly establish ABA as an effective and significant treatment to prevent disability and to restore children to their best possible functional level and restore their developmental skills (Source).
For more information on ABA therapy at the Autism Light blog you may wish to read Spotlight #1 on ABA Therapy or to search for all posts with the label ABA in them.

Other Articles: Here are some news articles on this ruling.
For more information on The Honorable Joan Lenard visit these biographical webpages about her.
Special thanks to The Honorable Joan Lenard for making this ruling to benefit children with autism. She becomes the first judge to be recognized on Autism Light. Some judical rulings are appealed and overturned by a higher court, but others set a precedence that have far reaching implications for other jurisdictions. We hope the later is the case in this ruling that is a bright light for autism.

Autism Light honors diverse heroes to the world of autism.