May 7, 2007

HB 1224/SB 419 Update

Posted by pete at May 7, 2007 4:26 PM

Same shit, different bill.

First of all, I want to thank everybody for your support following last week's entry. The response has been - frankly - overwhelming, and it means a lot to all of us.

Unfortunately, things have progressed, and not exactly in the way we'd hoped.

HB 1224 is most likely dead in the water. This in itself isn't that horrible, because its companion - SB 419 - passed the Senate unanimously and was sent to the House. What is...disheartening (I'm trying to limit my profanity this time around, which won't be easy) is that it went to the Insurance Committee once again and, once again, it was amended by Rep. Larry Taylor, the insurance lobby's best friend.

I finally got a hold of someone from Rep. Taylor's office today, and - in between parroting the Republican line about insurance mandates being "bad for small business" - she actually suggested to me that the amended version of the bill was preferable, because it had "a better chance of passing the House."

"Really? A better chance than a bill that already passed the Senate unanimously?" I asked.

"We feel this version is better because it still offers coverage for occupational and speech therapy," Was the reply.

"Is Mr. Taylor aware that ABA is the most effective treatment for autistic spectrum disorders?"

"He is."

"...and he sincerely believes that removing it from the bill is better for the thousands of children in the state diagnosed on the autistic spectrum?"

"Mr. Vonder Haar, do you know how many insurance mandate bills are introduced every session?"

And so on. I won't reproduce the whole conversation, mostly because the remainder of is more of the same mealy-mouthed bilge couched in "fighting the good fight" rhetoric. Rep. Taylor is obviously sticking to his guns, for reasons that are known only to him and his lobbyist friends.

So now what? I also spoke to a very nice woman from the office of Sen. Eddie Lucio, Jr., who authored SB 419. She said they still want to push to get ABA back in, either by amending it on the floor of the House or in the joint conference committee. The latter seems like the more likely course of action, and the bill could still be killed if no agreement is reached.

I'm on a notification list for when the committee members are chosen, so expect another update pleading for phone calls when that happens. I don't like to keep shouting for us to storm the ramparts, because such exhortations become less effective over time.

What I will request is that people continue to register their displeasure with Rep. Taylor for his transparently self-serving actions, especially anyone in Friendswood, League City, Santa Fe, or other parts of Galveston County he represents.

As for our next course of action, we looked into taking out an ad in Chronicle, but I'm not sure what that would serve at this point. I've asked their editorial board to weigh in on the matter (if readers in Austin, Dallas, and San Antonio wanted to make the same request of their local newspapers, I wouldn't object), and am composing a "reader essay" on the subject myself.

I'll keep you posted, and again, thanks to everyone for their support.

Came here via M.Croft, who kinda pointed me at you. I have a severely autisic little brother, who just turned 30. My mom’s been fighting the good fight his whole life, so our mutual friend was hoping I could help out some here. Timing is bad, as mom is out of town for two weeks right now. But you sound like you’re on the right track with the media stuff.

The advice I’d give having seen a lot of this sort of thing (ie: something or the other being denied autistic kids) is for your reader essay, take away this guy’s talking points up front. You mentioned the short-term high cost vs the long-term higher cost, and I think you should define that (and footnote it) to the best of your ability. My brother, for example, is on state assistance and will be for the rest of his life. He never regained his speech, he never picked up sign language. He’s in a group home. A lifetime of food and shelter when, if he’d had something like ABA, perhaps he could have provided that for himself. Whatever that ‘bad for small business’ garbage the staffer was spouting just smells bad right up front. I don’t know how you counter such bs without calling it bs.

Then you should probably send that essay far and wide, every ‘your letters’ section you can find in the state, every newsroom email address (and offer to let them interview you or someone who can speak to it - are you members of any local support groups? Try giving the Association for Retarded Citizens (ARC) a call - lots of parents of autistic kids end up there for lack of anyplace else to go, since they’ve been around forever. Also: http://www.autism-society.org/site/PageServer, http://www.aap.org/ - especially if you can get a doc who is a member of AAP to back up what you’re saying about ABA, or find a study that does. Try to track down an introduction to Toni Braxton (National Celebrity Spokesperson for Autism Speaks) and see if she’ll write a letter for you. Jon Stewart hosted a benefit last year, send the daily show a summary of the bill and this guy’s insurance connections. You never know…

Lots of work. I know you’re busy and your hands are full besides. Basically, the public needs to understand this guy is willing to spend more of their tax dollars so that insurance companies can keep more money, and kids can just suffer the rest of their lives for it. More taxes, kids suffer. That’s the story, and the truth.

--Posted by LizT on May 7, 2007 9:11 PM

Hello Representative Creighton -

Thank you for the update. My question is what have you done for the cause of autism, what bills have you sponsored, cosponsored, or influenced in this session. My understanding, and please correct me if I am wrong, but there was at one point over 12 autism related bills pending. Can you explain to me, what leadership your office has taken to see these important bills through?

Because to be quite frank, being the father of a 7-year old autistic boy, I don’t give a damn about any other bill, nor matter pending in front of the State Legislature, US Congress, or Presidency.

My ONLY concern is raising a child, that does not or will not have opportunities that you and I take for granted. Now that being said, are you spear-heading any vital causes for autism that Texas families can really use?

This is not the first time I have inquired your office, with this question. I look forward to hearing back.

Regards,
Michael A. Chernoff, for Alexander and Others

—-FROM————————————————————————————————————-

Representative Brandon Creighton wrote:


Legislative Update
Representative Brandon Creighton

Friends,

We are now in the last month of session. The House is working overtime to pass important legislation as deadlines draw near. Here is some key legislation that recently passed the House.

Reducing the tax burden on small businesses (House Bill 3928*)

Providing over $100 million for additional border security (House Bill 1)

Requiring proof of citizenship to vote (House Bill 218)

Removing pressure from appraisal districts to unfairly inflate appraisals (House Bill 216)

Establishing a two-year moratorium on the Trans-Texas Corridor (House Bill 1892*)

Requiring state expenditures and contracts to be posted online (House Bill 3430)

Expanding Texans’ 2nd Amendment rights (House Bill 991, Senate Bill 378*, and Senate Bill 112)

Protecting religious expression in schools (House Bill 3678)

Upholding promise to pass $14 billion in property tax relief (SJR13*)

Giving more local control of future transportation planning (House Bill 1892*)

--Posted by MAChernoff on May 10, 2007 2:51 PM

Greg,
As I keep reading, writing, calling and getting the same answer you are about making the bill “more likely to pass” I have found a new question ask. “Great, so your telling me that beginning May 24th, you are going to start working with me to make sure a bill will be introduced in the next session that makes ABA a covered service, extends the length of time mandating services for autistic children, , acknowledges autism as a neurological disease and not a mental health issue for the purposes of insurance in Texas therefore, increasing services? Because my daughter’s Autism is not going away. I am tenacious as hell and therefore, not going away, but you might. As you begin looking toward your re-election efforts next year I hope you know I will be there and I will be asking questions at every campaign stop I can. I hope you can tell your constituents that you care more about children than ensuring insurance companies continue to make a profit.”

Believe it or not it has worked with one legislator who doesn’t have much to worry about come re-election time. Unfortunately, they have helped me learn the game of politics is sickening and instant change doesn’t come. At first I felt like I was selling out, but I have learned change through politics are slow in coming and most bills don’t even make it this far. In a sense all advocates should be proud so many autism bill have been considered. As I put before: my 4 yo daughter doesn’t speak along with the many other symptoms, we have had to file bankruptcy to pay for her private therapy, have divorced due to the stress and different means of coping, and fight everyday for her and her twin brother.

However, each biennium I hope to work with those around to take another step forward. It may not help my child now, or may come to fruition after it is too late for her, but at least one child, who may not have had it, will have the fair right to a life of productivity one day. Keep up the good fight!

--Posted by Another Advocate that Wont Stop on May 11, 2007 6:07 PM

Sorry I kept calling you Greg. My mistake. If you can change it before uploading to post that would be great. If not, my mistake.

--Posted by Another Advocate that Wont Stop on May 11, 2007 10:14 PM

Here is my most recent contact with your Angel:
Dear Honorable Larry Taylor:

I have several questions regarding your decision to amend HB 1224. I am a mother of a 4 year old autistic daughter and find it hard to believe insurance companies’ profit margins are more important than our children’s future and the potential cost to the State if something isn’t done to provide autistic children with resources.

Before I make the next statement, I feel I need to say: By no means am I discounting 9/11 and the tragic loss to our country and the many days that have followed. I have a brother in the Navy who has served in several tours in both Afghanistan and Iraq. But, our Nation’s children are being abducted by a silent terrorist, named Autism everyday. Where is the outcry, the uniting of resources, the strength of our Nation that makes us like no other?

A conservative estimate is that 1 in 150 children in this Country are being born with autism, 1 to 1.5 million Americans have Autism, and there is an estimated 17% annual increase in incidence rates, the cost of life long care can be reduced by 2/3 with early diagnosis and intervention, and in 10 years, the annual cost will be $200-400 billion. (ASA, 2007). The saddest thing is this terrorist has no face; no cure and we have no plan to obliterate it with “Shock and Awe.”

Instead The Texas House of Representatives passed a bill with your amendment that removed ABA and behavioral therapy components. Even though the Senate passed the sister bill unanimously without any amendments and removal of services. ABA is the most effective early intervention for young children with autism and has been recommended by the Surgeon General since 1987. Was your amendment designed to save insurance companies money as your constituents claim? I believe most constituents would tell you they put a child’s future before insurance profits. Is it true you are a past insurance agent? I have been told by constituents’ in your district you are Insurance Company Lobbyist “Best Friend.” Can you honestly say that the 0.5% rise to insurance premiums because of ABA and behavioral therapy is not worth it, when it is proven it will save the state through reduced special education needs in public schools and reduced requests for services through DADS and DARS. As a small employer I face the potential and frequent 14% premium increase EVERY year, what is .5%?
Constituents from your district share that your stance on HB 1224 is that the amended version of the bill was preferable, because it had “a better chance of passing the House.” Why would the bill have a better chance of passing if it already passed the Senate unanimously without being watered down to protect the insurance industry? What indications did you have to support that it had a better chance of passing after being diluted? I have also been told you acknowledge that ABA is the most effective treatment for autistic spectrum disorders.
If this is true, and you are re-elected, are you prepared to sponsor a House Bill in the 81st Legislative Session that adds ABA and behavioral therapy to mandated insurance coverage to children with autism. Are you willing to go a step further and require the mandate to go beyond 5 years of age? My daughter’s autism will not “disappear” at age 5.
I am looking forward to your response and have copied this letter to many voters in your district; Senators Lucio, Deuell, Nichols, and Zaffririni; Representatives Brown, Davis, Garcia, Eissler, Martinez, Pena and Truitt.
Thank you in advance for a true answer and not a form letter generated by your computer telling me I am not in your district so you will not answer but will keep my thoughts in mind in the future when voting.
Sincerely,
Beth Cain


--Posted by Another Advocate that Wont Stop on May 11, 2007 11:28 PM



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