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October 2008
 NCSL Autism Legislation Database
Search 2008 legislation by state, topic, key word, year, status or primary sponsor.
2009 legislation will be added to the database as it is introduced.
Click here for a Glossary of Legislative Terms.
Autism is an Autism Spectrum Disorder (ASD), which causes developmental disabilities and numerous social, behavioral and physical challenges. Individuals with ASDs often display unusual behaviors and interests, unusual ways of learning and paying attention, and impaired verbal and non-verbal communication skills. In addition to these behavioral symptoms, individuals with autism will often have physical ailments such as asthma, digestive disorders, persistent viral infections and epilepsy.
Signs and symptoms of ASDs begin before age three and last throughout life. ASDs occur in all racial, ethnic and socioeconomic groups, but are four times more likely to occur in boys than girls. According to a study done by the Centers for Disease Control and Prevention (CDC), one in 150 eight-year-olds in the United States had an ASD in 2007. Currently there is no cure for autism, but early detection and treatment can greatly improve symptoms and development.
Significant debate exists over the causes of autism. Scientists believe that both genes and environment play a role in the development of ASDs, noting that environmental factors may trigger the expression of certain genes. Research exploring a possible link between thimerosal in vaccines and autism has shown no causal connection between the two. In 1999, the Public Health Service agencies, the American Academy of Pediatrics, and vaccine manufacturers agreed that thimerosal should be reduced or eliminated in vaccines for infants, and since 2001 thimerosal has not been used in routinely recommended vaccines, with the exception of small amounts in the influenza (flu) vaccines. For more information about mercury and immunizations, please click here.
Recently, several federal actions have been taken in response to the rising rates of autism, including the 2008 Expanding the Promise for Individuals with Autism Act which provides approximately $83 million in fiscal year 2008 to improve access to comprehensive treatments, interventions, and services for individuals with autism spectrum disorders and their families. In 2006, the Combating Autism Act was enacted, which provides almost $1 billion over five years for autism spectrum disorder and developmental disabilities research, screening, treatment and education. The 2000 Children's Health Act established the National Center on Birth Defects and Developmental Disabilities at the CDC and authorized the establishment of Centers of Excellence at both CDC and the National Institutes of Health (NIH) to promote research and monitoring efforts related to causes, diagnosis, early detection, prevention, and treatment of autism.
In response to the growing number of individuals with autism, states have taken action to address the needs of these individuals. Several states have developed task forces or commissions to further study autism issues. California created the California Legislative Blue Ribbon Commission on Autism with the goal of addressing the needs of children and adults with autism spectrum disorders. Other states have utilized Home and Community Based Waivers to make Medicaid funds available to assist individuals with autism. At least 26 states and the District of Columbia require insurance coverage for individuals with autism. Seven of these states enacted such legislation during the 2007-2008 legislative session. Arizona, Florida, Pennsylvania and South Carolina enacted legislation creating coverage for autism. Connecticut and Louisiana enacted legislation modifying their existing statutes that provide for the coverage of autism. Massachusetts enacted legislation to specify that autism shall be covered under their mental health parity laws on a nondiscriminatory basis.
In 2006, Ohio created an Autism Scholarship Program, which provides scholarships for children with special education needs. The program makes it possible for these children to utilize private education providers and individual education plans without placing an enormous financial burden on the parents.
This project is made possible under contract with the Act Early Regional Summit Project at the Association of University Centers on Disabilities (AUCD) with funding from the National Center for Birth Defects and Developmental Disabilities (NCBDDD) at the Centers for Disease Control and Prevention (CDC) The content of this material does not neccessarily reflect the views and policies of NCBDDD, CDC.
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