Military Families Seek Injunction Against Department of Defense Over Therapy Denied to Children With Autism

/PRNewswire/ -- Military families have filed a motion for an injunction to mandate that the Defense Department's insurer, TRICARE, cover medically necessary care needed by military families' children with autism. The motion seeks a mandate that TRICARE cover the cost of Applied Behavior Analysis therapy, or ABA, which is effective in treating children with autism spectrum disorder.

According to the military families, without ABA therapy at an early age, children with autism will suffer irreparable harm. The motion alleges that numerous studies and medical professionals confirm the effectiveness of ABA therapy, yet the Defense Department continues to reject military families' claims for the therapy, relying on shifting rationales.

The case is entitled Berge v. United States of America, et al., No.10-cv-00373-RBW (D.DC), assigned to Judge Reggie B. Walton.

The military families allege that for approximately 10 years the Defense Department and TRICARE have avoided paying for ABA therapy by incorrectly claiming it was "special education" and therefore not payable under the military insurance program. After the military families demonstrated in their written arguments that the Defense Department's position was incorrect, the Defense Department shifted and began claiming that ABA therapy is not proven to be "medically or psychologically necessary."

At a hearing before Judge Walton on November 15, 2010, Department of Justice lawyer, Adam Kirschner conceded: "Special education was not the basis of" our denial of the therapy. Thus, after a decade of taking the position that ABA was "special education," the Defense Department has now abandoned that position and has contrived a new, equally erroneous, reason to not pay for the care.

Former Michigan State Senator, David Honigman, an attorney for the families, emphasized: "The Defense Department's shifting rationales for denying this therapy exposes the hollowness of its position. Time is of the essence for these children. Studies on ABA therapy emphasize that there is a small window of opportunity for these children to obtain maximum benefit from this therapy. If left to its own devices, the Defense Department would continue to keep this window of opportunity closed to these children."

Gerard Mantese, another attorney for the families, stated: "The Defense Department and the Department of Justice should do their homework and read the studies and reports, including the Defense Department's own internal documents, showing that ABA is the most effective therapy for treating autism. It is a slap in the face to these military families to deny therapy needed by their children, while these families are risking their lives for our country." In September 2010, Mr. Mantese was awarded the State Bar of Michigan's Champion of Justice Award for his work in taking legal steps to assist children with autism to access coverage for ABA therapy.

-----
Community News You Can Use
Click to read MORE news:
www.GeorgiaFrontPage.com
Twitter: @gafrontpage & @TheGATable @HookedonHistory
www.ArtsAcrossGeorgia.com
Twitter: @artsacrossga, @softnblue, @RimbomboAAG @FayetteFP

Pelosi Statement on Senate Failure to Advance 'Don't Ask, Don't Tell' Repeal

/PRNewswire/ -- Speaker Nancy Pelosi issued the following statement tonight after a vote to advance the Defense Authorization bill, which repeals the discriminatory "Don't Ask, Don't Tell" policy, failed in the Senate.

"The failure of the 'Don't Ask, Don't Tell' repeal, as part of the Defense Authorization bill, on a procedural vote in the Senate is a serious disappointment to the many who have worked so hard to close the door on a fundamental unfairness.

"Since the repeal of 'Don't Ask, Don't Tell' has broad support among Senators, our troops, and the American people, it is my hope that that the Senate will move forward with an alternative legislative method. The bipartisan proposal from Senators Lieberman and Collins provides renewed hope that progress is still possible in the Senate; an army of allies stands ready in the House to pass a standalone repeal of the discriminatory policy once the Senate acts.

"Moving forward to end the days of 'Don't Ask, Don't Tell' will honor the service and sacrifice of all who dedicate their lives to protecting the American people."

-----
Community News You Can Use
Click to read MORE news:
www.GeorgiaFrontPage.com
Twitter: @gafrontpage & @TheGATable @HookedonHistory
www.ArtsAcrossGeorgia.com
Twitter: @artsacrossga, @softnblue, @RimbomboAAG
www.FayetteFrontPage.com
Twitter: @FayetteFP

American Military Society Requests Congress Pass 'Right to Repair Act' to Support Military Families at Home

/PRNewswire/ -- The American Military Society (AMS) requests that Congress support passage of the Motor Vehicle Owners Right to Repair Act (S 3181/HR 2057) on behalf of its membership which includes active, reserve, National Guard, retired and veterans of the uniformed services, their families and survivors.

"Military personnel and their families are often stationed in remote locations far from any dealerships, relying on independent repair shops to service their vehicles," said Charles C. Partridge, Col, USA (Ret) of AMS. "Spouses of deployed service members, holding their families together alone, are particularly disadvantaged when their local auto repair shop is denied ready access to repair information from the car companies. Most do not have the time to find the nearest dealership, drive all the way there and wait for their sole source of transportation to be repaired. That is one more burden that military families do not need to face. All consumers benefit from competition, but those serving our country and their families derive particular benefit from being able to obtain affordable, effective and convenient repairs for their vehicle."

The Right to Repair Act protects motoring consumers from a growing and potentially hazardous vehicle repair monopoly by requiring that car companies provide full access at a reasonable cost to all non-proprietary service information, tools and safety-related bulletins needed to repair motor vehicles. The legislation provides car companies with strong protections for their trade secrets, only requiring them to make available the same diagnostic and repair information they provide their franchised dealers to the independent vehicle repair market.

"As cars become more complicated with more computer systems, the problem becomes more acute," continued Partridge. "Selling a car without complete access to repair information is like selling prescription drugs without the doctor's dosing instructions. It doesn't make sense. That's why we are asking Congress to rectify this situation and support passage of the Right to Repair Act. Our military families should not be forced back to the dealer for service and passage of Right to Repair would ensure that they can conveniently and affordably have their vehicles serviced at the shop of their choice."

The Right to Repair Act has bipartisan support in both chambers of Congress. The Senate version of the bill (S 3181) was recently introduced by Sens. Barbara Boxer (D-CA) and Sam Brownback (R-KS) and has 5 co-sponsors. The House version (HR 2057) was introduced by Reps. Edolphus Towns (D-NY), Anna Eshoo (D-CA) and George Miller (D-CA) and currently has 71 co-sponsors.
-----

Community News You Can Use
Click to read MORE news:
www.GeorgiaFrontPage.com
Twitter: @gafrontpage & @TheGATable @HookedonHistory
www.ArtsAcrossGeorgia.com
Twitter: @artsacrossga, @softnblue, @RimbomboAAG
www.FayetteFrontPage.com
Twitter: @FayetteFP

Libertarians opposed to new war plans for Afghanistan

The Libertarian Party (LP) today expressed its opposition to the Afghanistan war plans announced by President Barack Obama last night.

Wes Benedict, Executive Director of the LP, said, "Rush Limbaugh should buy Obama a nice cigar. The liberal president has done exactly what the conservative leader wanted: escalate the war."

William Redpath, Chairman of the Libertarian National Committee (LNC), commented, "This is further evidence that the differences between Republicans and Democrats are, at most, rhetorical. This president, whose votes made him the most liberal member of the U.S. Senate, has just announced an escalation of a foreign war. His campaign promise of 'Change' now sounds a lot more hollow."

Redpath continued, "Some congressional Democrats may make a rhetorical show of opposing Obama's decision, but that is all it will be. Obama is guaranteed to get the additional troops and funding that he wants."

Redpath continued, "Instead, Congress should re-assert its authority in matters of war, by passing legislation that terminates the president's authorization to make war in Afghanistan, and that calls for an orderly withdrawal from Afghanistan. If the president vetoes it, Congress should override the veto."

In September 2008, the LNC adopted a resolution calling for a military withdrawal from Afghanistan.

Benedict commented further, "One problem with the president's strategy is that it demonstrates a hyperinflated fear of terrorists. When we act worried and threatened, we make the terrorists feel like they're having their intended effect, which encourages them to keep doing what they're doing."

Redpath continued, "According to the Cato Institute, 'the U.S. military's counterinsurgency doctrine says that stabilizing a country the size of Afghanistan would require far more troops than the most wild-eyed hawk has proposed: about 600,000 troops.' President Obama is proposing to put a total of about 100,000 troops in Afghanistan, which won't come close to accomplishing anything."

Redpath concluded, "The president's speech was surprisingly content-free. The speech was nearly all platitudes, which is typical for politicians, particularly presidents. Will someone please restore substance to American political discourse?"

-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page

White House Sets Record Straight on Gay Ban

/PRNewswire/ -- The following was released today by the Michael D. Palm Center:

Asked today if the White House would consider halting gay discharges by presidential authority, press secretary Robert Gibbs said it would not stop the firing of gay troops. That said, Gibbs insisted that the President believes that the "don't ask, don't tell" policy "isn't working for our national interests" and that he "will work with the Joints Chiefs of Staff, the administration and with Congress" to change the policy.

In recent weeks, the President's national security team has sent mixed messages. Defense Secretary Robert Gates spoke of what action would occur "if" the policy were repealed, suggesting it may not be; and national security advisor James Jones said this weekend he was not sure if the ban would be lifted.

Scholars said that Gibbs' comments today indicate new leadership from the White House in reassuring the public that "don't ask, don't tell" will be repealed. Nathaniel Frank, senior research fellow at the Palm Center, said that "today's remarks appear to send a signal to any member of the administration who questions the President's resolve."

At the same time, Gibbs' statement raised questions by gay rights experts about why President Obama, who continues to say he wants the ban terminated, would preside over ongoing discharges when he has authority to end them by executive order. The Palm Center yesterday released a report by a team of scholars and legal experts showing that the president has statutory authority to halt discharges immediately.

Richard Socarides, who worked in the Clinton administration as special assistant to the president on LGBT issues, said that the current president should exercise the short-term options he has to end the ban. "I have long supported and advocated a moratorium on further discharges," he said today, "and I think it's well within the president's discretionary authority to do that immediately." Socarides said an executive order halting discharges would be consistent with Obama's stated belief that the policy should end.

-----
www.politicalpotluck.com
Political News You Can Use
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page