DADS & SB1490 to take jurd away from TEA

[Guest guest]

I don't think they have governmental immunity given that they contract and accept bids (financial transactions). I'll check. BTW, parents we need to raise the ROOF regarding the 81st Legislature's failure to pass SB 1490.

SB1490 would have removed jurisdiction from the TEA hearing officers and allow administrative hearings. I know there are/were some fair H.O's out there but 2 are now representing kids so who do we have on the inside for us? Agenda for 82nd!

Lee Schwager

Attorney at Law

candiceschwager@...

To: Texas-Autism-Advocacy Sent: Sun, November 21, 2010 12:26:15 PMSubject: Re: Re: Fired from DADS, because autism is not a serious health condition...

I hope you'll consider filing charges against them for terminating you. Let me know if you need a good attorney. I know a few that I highly recommend. Kim

Sender: Texas-Autism-Advocacy

Date: Sun, 21 Nov 2010 10:02:52 -0800 (PST)

To: <Texas-Autism-Advocacy >

ReplyTo: Texas-Autism-Advocacy

Subject: Re: Re: Fired from DADS, because autism is not a serious health condition...

Tomeka

I noted that one benefit of DADS is CHIP (Childrens' Health Insurance Program). Governor signed a statute into law in I think 2007 requiring mandatory coverage for all state insurers in Texas for ABA, so I suppose he thought autism was "covered" and a pretty big deal. Not sure what services you are trying to get but your Dr probably knows the "codes" for which they provide services and frankly, if you're looking at CHIP I do not see how they can deny you. Autism has a lot of complications as you know. I wonder if celiac disease or some other underlying symptom is covered?

Lee Schwager

Attorney at Law

candiceschwager@...

To: Texas-Autism-Advocacy Sent: Sat, November 20, 2010 9:14:55 PMSubject: Re: Fired from DADS, because autism is not a serious health condition...

Irma,Thanks for your kind words. I agree with your comment about the black cloud. The agency does not stand behind their motto "Family First" and "to help those with disabilities." Instead they would rather stand behind an HR Specialist that made a bad call and a rogue manager. My husband and I only want the best for our children, just like any other parents. I cannot thank Alison Sterken and her staff at the TLC Center for autism in Tyler, Texas enough. We are forever indebted to all of their guidance on getting Donovan well. This is an awesome center for autistic children. It is amazing that they were able to break through with Donovan. Every since Donovan received his diagnosis it has been a struggle with insurance agencies and now my employer. My husband served 21 years in the US Army, with three tours in Iraq and Tricare refused to pay for the autism therapy because Donovan was diagnosed three months after he retired. We

have exhausted all of our resources to make sure that Donovan gets better. The sequence of events has been unfortunate, but the battle doesn't stop here. There needs to be some things changed with the legislation on autism, so no other employer can use "I didn't know autism was serious" as an excuse to deny a parent the right to help their child. You either help these kids now so that they may grow into functional adults or you neglect to help them and the State will be supporting them for the rest of their lives through state aid (Medicaid and others).And that's another topic... The same agency that says autism is not serious, qualified my son for their program as a Medically Dependent Child (MDCP). Is that balanced?Tomeka> > >> >> > After months of fighting for my son, who was diagnosed with autism 18> > months, the Dept of Aging and Disability as terminated my employment because> > I had to take him to and from his therapy sessions. Initially I was told> > that my FMLA request was denied and that I could not reapply, but after I> > challenged that decision I was able to reapply (with the help of my son's> > physicians). The same day the doctor faxed the new FMLA certification, I was> > fired so HR could avoid acknowledging the new request. The maximum amount of> > hours a parent is allowed is 1250, I was only requesting

490.> >> > This is very heartbreaking for my family and I, especially my son. Now that> > I have been fired my son will have to discontinue his therapy because I will> > not have coverage from BCBS. I will not bad mouth the agency because during> > my employment I had the pleasure to help many parents find resources to get> > help for their newly diagnosed children. Its unfortunate that HR and my> > management could not recognize autism as a health condition when my son> > could not speak a year ago or raise his arms above his head. This is after> > HR told me "I don't really know that much about autism" and compared it to> > asthma.> >> > I will continue to fight for my son and the right to have autism recognized> > as a health condition. I am determined to make his voice heard through mine.> >> >>

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