2012 State Autism Profiles
DELAWARE

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DEMOGRAPHICS

In 2000, 325 or 1.94% of children ages 3-21 who received special education services in Delaware have autism. In 2010-2011, 982 or 5.28% of children with disabilities ages 3-21 who received special education services have autism.

Table 1-1: IDEA Part B - Children with Autism in Delaware for 1999-2000 and 2010-2011
(Child Count by Age Group)

  Child Count in 1999-2000Child Count in 2010-2011
Age 3-5

 62

141

Age 6-11

 147

425

Age 12-17

 94

324

Age 18-21

 22

92

Age 6-21

 263

841

Age 3-21

 325

982

Source: Reported by the State of Delaware in accordance with Section 618 of IDEA to U.S. Department of Education, Office of Special Education Programs

Table 1-2: IDEA Part B - Children with Disabilities in Delaware for 1999-2000 and 2010-2011
(Child Count by Age Group)

  Child Count in 1999-2000Child Count in 2010-2011
Age 3-5

1,652

2,123

Age 6-11

 7,622

7,550

Age 12-17

6,847 

7,790

Age 18-21

 639

1,145

Age 6-21

 15,108

16,485

Age 3-21

 16,760

18,608


Source: Reported by the State of Delaware in accordance with Section 618 of IDEA to U.S. Department of Education, Office of Special Education Programs

STATE TASK FORCE

Delaware Autism Adults Service Needs Task Force
In July 2006, the Delaware House of Representatives passed H.R. 89 to form an 11-member task force to consider services for adults with autism. The duties of the taskforce included clarifying the state’s definition of autism and estimating the number of adults in Delaware with autism. The task force also identified what services the state needed by comparing services in other states. The committee was comprised of state legislators, representatives from state agencies, professionals with an interest in autism, and parents of a child with autism. Kent Riegel served as the chair. The task force released a copy of its report – “Delaware Legislative Task Force Report on Adults with Autism Spectrum Disorders” – on June 23, 2008.

Task Force Website: http://legis.delaware.gov/LIS/TaskForces.nsf/59da77da7c06f47485256ff6006f8346/c491ae16f86b1906852571a3006cdfa5?OpenDocument
Report: http://legis.delaware.gov/LIS/TaskForces.nsf/59da77da7c06f47485256ff6006f8346/c491ae16f86b1906852571a3006cdfa5/$FILE/HR%2089%20FINAL%20REPORT%206-23-08.doc

STATE INSURANCE COVERAGE

On August 13, 2012, Delaware became the 32nd state to enact autism insurance legislation. S.B. 22 requires health plans to cover diagnosis and treatment of autism spectrum disorders for individuals ages 21 and younger. Covered services include diagnosis, behavioral health treatments, pharmacy, psychiatric, psychological, therapeutic care (including speech, occupational, or physical therapy) and care for individuals with autism spectrum disorders that is determined by the Secretary of the Department of Health and Social Services, based upon their review of best practices and/or evidence-based research, to be medically necessary. Coverage for Applied Behavior Analysis would be subject to a maximum of $36,000, though there is no cap for other services.

In 2009, Governor Jack Markell signed S.B. 65 into law, requiring insurance coverage for children with severe disabilities irrespective of “in-network” restrictions. To qualify, a child must be under the age of 21 and certified by their treating physician, advanced practice nurse, or licensed psychologist as “severely disabled,” meaning that due to physical or mental illness or disease, he or she requires specialized treatment or supports to secure effective access to dental care. Insurers must cover care for specialized dental treatment irrespective of lack of contractual or network status in the same amount they would for the same or similar practitioners within their network or geographical area. The law specifically mentions children with autism spectrum disorders as potential beneficiaries.

MEDICAID

Delaware Research and Demonstration Projects Waivers: Delaware Diamond State Health Plan
This waiver, implemented on January 1, 1996, mandatorily enrolls most Medicaid recipients into managed care organizations (MCOs) to create efficiencies in the Medicaid program and enable the expansion of coverage to certain individuals who would otherwise not be eligible for Medicaid. The demonstration expands Medicaid State plan coverage to uninsured adults below 100 percent of the FPL and family planning services to women who lose Medicaid eligibility or comprehensive DSHP benefits. The demonstration also provides long-term care services and support (LTSS) to eligible individuals through a mandated managed care delivery system, entitled DSHP-Plus. This waiver expires on December 31, 2013.

Delaware Home and Community-Based Services Waiver: DE Renewal DDDS
Implemented on July 1, 2009, Delaware offers a home and community-based services waiver for individuals with autism, mental retardation, and developmental disabilities ages 4 years and older. This waiver, which expires on June 30, 2014, provides case management, day habilitation, prevocational services, residential habilitation, supported employment, clinical services/behavioral consultative services, and transportation-residential services.
http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Waivers/Waivers.html

EDUCATION

Delaware Autism Program
The Delaware Autism Program has service sites in each of the state’s three counties. The program offers comprehensive educational services for students with autism. Students are eligible to receive services from the time that they are identified until age 21. The program includes residential services, respite services, a twelve month school year, and community based support.
http://www.christina.k12.de.us/Schools/DAP/

OTHER STATE RESOURCES

Autism Surveillance and Registration
Under Title 16, the Delaware Department of Health and Social Services is required to maintain a registry to document the diagnosis, treatment of autism for children under the age of 18. Any licensed health care provider who makes a diagnosis or treats a child with autism is required to provide the appropriate information to the Delaware DHSS. (16 DE Code §221-226)

STATE LEGISLATIVE CALENDAR

The Delaware General Assembly meets in regular session annually the second Tuesday in January. The 2012 Session convened on January 10, 2012 and adjourned on June 30, 2012. The 2013 Session will convene on January 8, 2013 and is expected to adjourn by June 30, 2013.
http://legis.delaware.gov/

SPONSORS OF AUTISM LEGISLATION



Prepared by Easter Seals, Inc.; November 2012.

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