F.E.A.T. of B.C. -- autism and discrimination in British Columbia, Canada


Autism, Medical Services and the Law

Position Statement of F.E.A.T. of B.C. (Families for Early Autism Treatment)

The B.C. Government is breaking the law. Effective treatment for autism exists yet the government's Health Care Program excludes coverage for effective treatment. Families for Early Autism Treatment of B.C. (F.E.A.T.) considers the exclusion of effective autism from the Medical Services Plan of B.C. to be in direct contravention of federal statutes as well as constitutional law.

1. There is an effective, scientifically supported treatment for young children with the neurological disorder of autism.

It is a behavioural treatment based on the work of Dr. Ivar Lovaas at U.C.L.A.* (a form of Applied Behavior Analysis). In the words of Dr. David Suzuki in a recent episode of "The Nature of Things" regarding this method of autism treatment:

Once it seemed like a life sentence. Now we know that that sentence can often be commuted, even lifted. Now we know there is hope. As long as we intervene early enough, intensively enough, we can rescue many children from the solitary confinement of autism... Where are other parents to turn -- parents without the resources to hire trained therapists. Somehow, we have to find the money to help children with autism in those crucial preschool years. If we don't, the cost to all of use of caring for an untreated adult will be far greater, reaching into the millions. The cost in terms of human suffering is not to be measured.


A Summary of the 2 groundbreaking studies on this form of autism treatment: Children who receive early, intensive autism treatment of this type significantly improve. In the landmark study that was done at U.C.L.A., 47% of those children achieved normal intellectual and educational functioning, 40% were assigned to classes for the language-delayed, and 10% were put in segregated classrooms or schools. In contrast, of the children who received the normally available services, 2% achieved normal educational and intellectual functions, 45% were put in language-delayed classes, and 53% were put in segregated classrooms or schools. At follow - up when these children were 11 1/2 years old, 44% were indistinguishable from average children on tests of intelligence and adaptive behavior.

2. Government Position

a.
The Medical Services Plan of B.C. (a government health care system) does not cover the cost of treatment. They deem autism to be a "developmental" disorder and have health care regulations in place that do not support Lovaas-style treatment for the condition. The Ministry of Health does not recognize this treatment as "medically necessary".
b. The Ministry of Social Services does not currently offer universal access for this treatment in their behavior support services.

3. We believe that the government is in contravention of several laws designed to protect the rights of the disabled. Please contact us for more detailed information.

*Lovaas, O.I. "Behavioral treatment and normal educational and intellectual functioning in young autistic children", Journal of Clinical and Consulting Psychology, 1987, 55, 3-9.



F.E.A.T. of B.C. invites lawyers who want to change the discriminatory health care system in Canada. to contact us (info@featbc.org). We believe bureaucratic edicts cannot substitute for, and be in contravention of the laws of Canada. Despite its interpretation of autism, the government of B.C. must recognize its legal obligation and financially support early, intensive and scientifically proven autism treatment for every child diagnosed with this condition. The treatment is time sensitive, since autistic children must receive treatment at an early age, from the moment of diagnosis, for maximum efficacy.

Ministry of Health Responsibility: Ironically, the government expends large sums when autistic children become adults and must be institutionalized or, at best, cared for in government run group homes. The Ministry of Health is currently responsible for autistic adults at the "other end of the pipeline" - it is inconsistent that they not be responsible for autistic individuals when they are young children and a real difference can be made in the treatment of and recovery from autism.

Without government support for this medically necessary treatment, a discriminatory health care system exists that inflicts a burden of ruinous health care costs for families that choose to fight for their children's lives. This happens in the U.S. where there is no federal health care system. The exception: New Jersey and California. California covers the costs of autism therapy since a branch of government was found to be in contravention of the Individuals with Disabilities Education Act (Union School District v. B. Smith et al., 15F.3d 1519, 9th Circuit - 1994). In reference to vital, medically necessary autism treatment, the force of law must also be brought to bear in Canada.