California Court of Appeals Ends State Regulator's Discrimination Against Autistic Children - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Advertise
    • Contact
    • Editorial Staff
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
April 25, 2014 Newswires
Share
Share
Tweet
Email

California Court of Appeals Ends State Regulator’s Discrimination Against Autistic Children

Targeted News Service

SANTA MONICA, Calif., April 24 -- Consumer Watchdog issued the following news release:

Parents of autistic children scored a major victory in a California Court of Appeal decision issued late yesterday, which now bars state regulators and health insurers from discriminating against children on the basis of whether treatment providers hold state licenses. The state regulator's discriminatory policy led to long delays, and often denials, of treatment for autistic children.

Download the decision here: http://www.consumerwatchdog.org/resources/courtofappealdecision.pdf

The lawsuit, filed in 2009 by the non-profit Consumer Watchdog and Strumwasser & Woocher LLP, was also the catalyst for a landmark state autism law, SB 946, authored by Senate President Darrell Steinberg in 2011.

The treatment at issue, known as Applied Behavioral Analysis (ABA), is the most effective treatment for autistic children, as yesterday's decision acknowledged.

Responding to concerns raised in the lawsuit, the California Legislature agreed with Consumer Watchdog and Strumwasser & Woocher LLP by passing SB 946, which clarified that health insurers must pay for ABA provided by individuals certified by a national board, even if they do not hold a state license. However, the legislation did not cover health plans for public employees enrolled in CalPERS and other state-sponsored programs.

Yesterday's California Court of Appeal decision now also bars the Department of Managed Health Care (DMHC) from allowing health insurers to deny treatment for autistic children of government employees, including police officers, firefighters, and school teachers, on the basis that such treatment can only be administered through state-licensed providers. As Consumer Watchdog and Strumwasser & Woocher LLP pointed out in the lawsuit, no state license currently exists for ABA therapists.

"Californians now finally have a definitive statement from the court that state regulators cannot allow health insurers to discriminate against autistic children merely because treatment providers do not possess a state license," said Fredric D. Woocher of Strumwasser & Woocher LLP, lead attorney in the case. "Families of firefighters, school employees and others covered by CalPERS-sponsored health plans will now be able to secure coverage for critical and effective treatment for autism. Health insurers can no longer deny coverage on the pretext that a treatment provider does not hold a state license, a practice which has been conclusively held to be illegal."

Read a letter from public employee unions, including the California Professional Firefighters, urging the court to end the DMHC's discriminatory rule: http://www.consumerwatchdog.org/resources/publicunionletter.pdf

The California Department of Insurance, which oversees a different segment of the health insurance market, supported Consumer Watchdog's position that a state license is not required to administer ABA, and that practitioners privately certified by the Behavioral Analyst Certification Board (BACB) can legally provide the treatment regardless of whether a child is covered under a private or state-sponsored health plan. The California Department of Insurance, Autism Speaks, Autism Deserves Equal Coverage, and the California Association for Behavior Analysis contributed amicus briefs supporting Consumer Watchdog. No supporting briefs were filed on behalf of the DMHC.

The Court agreed with Consumer Watchdog, Strumwasser & Woocher LLP, and advocates, writing in the decision issued yesterday:

"The judgment is reversed in part and modified to enjoin DMHC from upholding a plan's denial of coverage for ABA services to be provided or supervised by a BACB-certified individual made on the basis that the provider is not licensed. This applies to all plans within DMHC's jurisdiction, including plans exempted from [SB 946]. The judgment is otherwise affirmed. DMHC's cross-appeal is dismissed as untimely."

In the same decision, the Court of Appeal affirmed a trial court ruling that the DMHC had illegally adopted its discriminatory rule in 2009 in violation of the Administrative Procedures Act.

The case, Consumer Watchdog et. al. v. Department of Managed Health Care et. al. (2d Civ. No. B232338), was decided by a panel of three judges in Division 3 of the California Court of Appeal'sSecond District. The majority opinion was written by Justice Kitching, Justice Klein concurred, and Justice Croskey authored a concurring and dissenting opinion.

TNS 24KuanRap-140425 30FurigayJof-4713826 30FurigayJof

Copyright:  (c) 2014 Targeted News Service
Wordcount: </td>

662

Older

County planning commission provides online flood plain viewer

Advisor News

  • Flexibility is the future of employee financial wellness benefits
  • Bill aims to boost access to work retirement plans for millions of Americans
  • A new era of advisor support for caregiving
  • Millennial Dilemma: Home ownership or retirement security?
  • How OBBBA is a once-in-a-career window
More Advisor News

Annuity News

  • An Application for the Trademark “DYNAMIC RETIREMENT MANAGER” Has Been Filed by Great-West Life & Annuity Insurance Company: Great-West Life & Annuity Insurance Company
  • Product understanding will drive the future of insurance
  • Prudential launches FlexGuard 2.0 RILA
  • Lincoln Financial Introduces First Capital Group ETF Strategy for Fixed Indexed Annuities
  • Iowa defends Athene pension risk transfer deal in Lockheed Martin lawsuit
More Annuity News

Health/Employee Benefits News

  • Tuesday is a big deadline for Mass Health Connector plans — and not all subsidies are going away
  • Health insurance spike will hit 2026 farm budgets, farmers say
  • With no deal in sight, health care costs will rise in 2026. Here’s how that will affect one Lehigh Valley family
  • Repubs and Dems pitch competing plans to tackle affordability
  • THE KID ANGLE: WHAT THE ACA FIGHT HAS TO DO WITH KIDS
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • Private placement securities continue to be attractive to insurers
  • Inszone Insurance Services Expands Benefits Department in Michigan with Acquisition of Voyage Benefits, LLC
  • Affordability pressures are reshaping pricing, products and strategy for 2026
  • How the life insurance industry can reach the social media generations
  • Judge rules against loosening receivership over Greg Lindberg finances
More Life Insurance News

- Presented By -

Top Read Stories

  • How the life insurance industry can reach the social media generations
More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Slow Me the Money
Slow down RMDs … and RMD taxes … with a QLAC. Click to learn how.

ICMG 2026: 3 Days to Transform Your Business
Speed Networking, deal-making, and insights that spark real growth — all in Miami.

Your trusted annuity partner.
Knighthead Life provides dependable annuities that help your clients retire with confidence.

Press Releases

  • Two industry finance experts join National Life Group amid accelerated growth
  • National Life Group Announces Leadership Transition at Equity Services, Inc.
  • SandStone Insurance Partners Welcomes Industry Veteran, Rhonda Waskie, as Senior Account Executive
  • Springline Advisory Announces Partnership With Software And Consulting Firm Actuarial Resources Corporation
  • Insuraviews Closes New Funding Round Led by Idea Fund to Scale Market Intelligence Platform
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Advertise
  • Contact
  • Editorial Staff
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2025 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet