Tuesday, December 29, 2009
Nick's Law proposal returns for 3rd session
The Journal Record December 29, 2009
OKLAHOMA CITY –
For Wayne Rohde, the third time could be a charm.
But the odds are stacked against him.Just weeks before the Oklahoma Legislature is set to reconvene, Rohde said he and state Sen. J. Paul Gumm, a Democrat from Durant, would try, once again, to pass legislation that would require insurance companies to cover patients diagnosed with autism.
Twice before the pair spent months fighting for their proposal – Nick’s Law.
Twice before they were defeated.
But this time, Rohde said, could be different.
“This will be the third straight session that Senator Gumm will introduce the legislation,” Rohde said. “We’re hopeful and optimistic that the Legislature will take a look at it.”
Under Nick’s Law, private insurance companies would be required to cover medically necessary and clinically proven medical treatments for children who have been diagnosed with autism by a licensed health care professional. Self-insured and federal employers would be exempt from the law and small business owners, he said, may choose to opt out of coverage under Nick’s Law.
The original bill, Senate Bill 1, remains in legislative purgatory in the Oklahoma Senate.
“This is very fiscally conservative health care,” Rohde said.
Rohde’s opponents say otherwise.
In May of 2008, Chris Benge, speaker of the Oklahoma House of Representatives, said he was sympathetic to the plight of parents with autistic children, but had concerns about Gumm’s legislation. Benge would later play a major role in killing Gumm’s proposal.
“The burden they carry is great, their medical costs are high and they are desperate to find hope for their children,” he wrote in a letter to Gumm. “However, it must be a priority for policymakers to evaluate public policy on a comprehensive basis. We must weigh the implications of our policy decisions as to how they will affect all Oklahomans. While it is clear that Nick’s Law would benefit families with autistic children, we must determine with certainty the impact this mandate will have on access to health care for all Oklahomans.”
Mandates such as Nick’s Law, he said, drive up insurance costs.
“There is substantial, reliable data that shows mandates do in fact drive up insurance premium costs and in turn force people to drop insurance because it is no longer affordable,” Benge wrote. “Contrary to the popularly held opinion, mandates have little effect on insurance companies because they simply pass their increased costs on to the consumer.”
Later, the Oklahoma Council of Public Affairs, a conservative think tank, distributed flyers that praised state Rep. Ron Peters, a Broken Arrow Republican lawmaker who prevented a legislative hearing on Nick’s Law.
Peters, the OCPA said, was simply defending free enterprise.
Still, Gumm and Rohde said they would continue the push for an autism mandate.
This year, in addition to Senate Bill 1, Gumm said he filed Senate Bill 1316, which would include autism coverage in the state’s high-risk insurance pool.
“If you go back and look at the history of why the high-risk pool was created, you’ll see that it was created for people who couldn’t get insurance coverage anywhere else,” he said. “If that doesn’t sound like something that is tailor-made for families like those with children suffering from autism, then I don’t know what is.”
Rohde said Nick’s Law would prevent insurance companies from shifting their insurance costs onto the backs of taxpayers.
“The companies are taking advantage of a monopoly situation and shedding the risk off on taxpayers,” he said. “By changing the law, you allow people, parents who are currently purchasing insurance, to have coverage under a health insurance plan instead of seeking out taxpayer-funded services.”
It’s the same type of law, he said, that has been adopted in several surrounding states, including Texas and Louisiana.
“
There’s a lot of opposition here,” Rohde said. “There are some in the state Legislature which say they don’t want government to tell a private industry what to do. But those same people voted for tort reform, which is telling a private industry what to do. So there’s quite a bit of hypocrisy there.”
If lawmakers don’t take advantage of the third attempt to pass Nick’s Law, he said, they will eventually pay high costs because those families will seek taxpayer-funded services.
“The long-term approach is this: If we don’t address the needs of these children at an early age, the taxpayers will be providing long-term medical care for these children – who will become adults – for the remainder of their lives.”
Friday, September 11, 2009
OK State Republicans can’t have it both ways on healthcare rationing

By Bailey Dabney, Publisher
CLAREMORE DAILY PROGRESS
September 8, 2009 September 08, 2009 12:23 pm
— The national healthcare debate goes on. Support for the plan with a government run public option is sparse and momentum for it’s passing never built.
That may prevent the passage of the largest healthcare overhaul America has ever seen.
The debate, however, rages on, and will likely continue until some type of compromise is met. There appears to be a consensus that changes are warranted. Scope and structure are at the heart of the disagreement.
‘Rationing’ is the most common fear of those who oppose the Congressional plans that have been proffered to date. It’s certainly not the only problematic by-product of a government run system, but it definitely resonates with scores of Americans.
Who could want healthcare rationing? Town Hall style meetings show standing-room-only crowds who oppose rationing.
Other countries with government run health systems are certainly rationing, which has brought many foreigners from countries who offer “free” care to America for appropriate treatment.
They seek better healthcare here and are willing to travel and pay for it.
Republicans and many Democrats across the country are diametrically opposed to the rationing of care.
Here’s the kicker. In Oklahoma: the most conservative state in the union, where Republicans control the House and the Senate, we already are rationing healthcare for the insured as well as the uninsured with Autism.
There’s no other way to describe it. There are medically necessary and clinically proven treatments and therapies that Doctors and Therapists prescribe that insurers refuse to cover. That’s exactly what rationing is.
Both Republican candidates for Governor, Mary Fallin and Randy Brogdon, have issued statements on their websites and in the media denouncing the rationing of healthcare.
Yet Oklahoma’s healthcare rationing has been sanctioned by the Republicans in the State legislature with their refusal to hear or pass Nick’s Law.
Nicks Law is a bill that is specifically designed to stop Oklahoma insurance companies from rationing healthcare to children and adults with autism.
It would require the insurance companies to cover therapies proven effective in the recovery and improvement of autistic children.
Speaker Pro Tempore Kris Steele, Speaker Chris Benge, Sen. Glen Coffee, et al have one leg on the dock and the other in boat.
Their tacit approval of rationing healthcare to children suffering with a debilitating illness in Oklahoma flies directly in the face of the Grand Old Party’s best and most prolific argument against nationalized healthcare.
It is the height of hypocrisy for state Republicans to oppose rationing care when it comes from a Democrat in the White House yet argue for rationing when it comes before them in the Oklahoma House of Representatives or Senate.
I look forward to Senator Brogdon exercising his newfound distaste for healthcare rationing when the next legislation session begins.
While our current healthcare system needs some re-engineering to close some small gaps, the Democrat sponsored bills for a government run health system have far too many flaws to be reasonable solutions to our healthcare woes.
Those who represent us in Oklahoma City, and those who wish to, should square their actions with their beliefs. Stop rationing healthcare in Oklahoma. Make sure the insurance industry fulfills its obligations to their paying customers in Oklahoma.
Perhaps if the states took better care of this problem, our federal government would get back to doing the things the founding fathers envisioned.
Copyright © 1999-2008 cnhi, inc.
Monday, April 27, 2009
House democrats walk off chamber floor
Published: 4/27/2009
OKLAHOMA CITY — House Democrats tried unsuccessfully Monday to get legislation heard that would require insurance companies to provide coverage of treatment for children with autism.
Disappointed, most of the 40 Democratic House members walked out of the House chamber.
They were upset that they were not permitted to seek a vote to suspend House rules so the proposal — called “Nick’s Law” after an 11-year old boy from Edmond who suffers from autism — could be taken up. They wanted to insert the language into a revised measure, Senate Bill 135, that would create a state license for certified behavioral analysts and increase training for therapists who would evaluate and diagnose autism.
The Democrats’ action had little effect on House business. SB 135 passed, 65-0, with eight Democrats who stayed on the floor voting for it.
House Democratic floor leader Mike Brown of Tahlequah tried to strip SB 135 of its original language and replace it with language that was mostly identical to House Bill 1312, which would have required insurance companies to provide coverage of treatment for children with autism. HB 1312 was killed by a committee in February.
Rep. Don Armes, presiding over Monday’s session, ruled that HB 1312 was dead and could not be taken up. Brown challenged the ruling and asked Armes to suspend the rules so the full House could vote on the matter.
House members voted 55-38 to uphold Armes’ ruling.
“This is totalitarian government,” said Rep. Joe Dorman, D-Rush Springs. “We’re basically rendered ineffective completely.”
House Speaker Chris Benge, R-Tulsa, said House precedent holds that “final action on legislative language is in fact that, final action. The Democrats had recourse to appeal the ruling of the chair, and they lost that vote.”
Democratic leader Danny Morgan of Prague said Democrats will be back in the chamber Tuesday.
SB 135 now goes to the governor.
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Wednesday, March 18, 2009
Report on autism prompts complaint in Tulsa
Published: March 19, 2009
Click here to be linked to the Oklahoman article.
A key proponent of legislation to make insurance companies cover children with autism has filed a complaint against the author of a study that shows the cost of such a mandate could increase rates nearly 20 percent.
Wayne Rohde, who has an 11-year-old son with autism, said Wednesday he filed a complaint against Thomas Cummins of Tulsa, who performed the study for the House of Representatives.
Rohde said he filed the complaint with the Actuarial Board for Counseling and Discipline in Washington, claiming Cummins’ report is misleading and he did not take precautions to keep others from misusing his findings. Rohde said he wants Cummins to publicly retract the study’s findings.
"A lot of the rhetoric coming from the leadership of both chambers is that it’s going to cost too much,” Rohde said.
Cummins, who has been doing actuary studies for the Legislature since 1981, said Wednesday he had no comment on Rohde’s complaint.
His study showed the cost of an insurance mandate would lead to at least a 7.8 percent increase in rates for insured Oklahomans. Rohde said other studies have put the increase at 1 percent or less.
House Speaker Chris Benge, R-Tulsa, issued a statement saying Cummins’ work "was conducted by a professional actuary who has worked in the field for more than 35 years. He has also performed actuarial studies for all pension legislation for the House and Senate for over two decades.”
A House committee considered Cummins’ study last month when it took up a bill that would require insurance companies to cover children with autism. The bill failed.
Parents of autistic child file complaint over autism mandate cost analysis
http://seattletimes.nwsource.com/html/politics/2008880640_apxgrautismmandatecomplaint.html
Parents of autistic child file complaint over autism mandate cost analysis
By TIM TALLEY
Associated Press Writer
The parents of an autistic child have filed a complaint against a Tulsa consultant who they allege prepared a bogus analysis of the cost of a proposed autism health insurance coverage mandate in Oklahoma.
The analysis by Thomas E. Cummins, a consulting actuary who has performed actuarial studies for pension legislation for the House and Senate for more than 20 years, was used to help defeat the mandate proposal in a House committee last month and has been cited in debates over autism mandates in other states, including Kansas, Wayne Rohde said Wednesday.
"His work is not independent," Rohde said. "There is a lot of bias to his work. I would love for our Legislature not to use him anymore."
Rohde and his wife, Robyne, have been at the forefront of efforts to pass legislation to require health insurers to cover the diagnosis and treatment of autism, a bioneurological disability that affects communication skills in young children who may also suffer from ailments such as allergies, asthma and epilepsy.
Autism mandates have been passed in about 20 other states, including Texas. But House Republican leaders oppose it and claim it will increase the cost of health insurance. A mandate plan known as Nick's Law, named for the Rohdes' autistic son, was defeated in a House committee on Feb. 3.
Cummins, who testified at the committee hearing, prepared a study for House leaders that said an autism mandate would increase health insurance rates by at least 7.8 percent and possibly as high as 19.8 percent. Other studies, including one by the Oklahoma State and Education Employees Group Insurance Board, say the cost would be 1 percent or less.
"His report cannot be trusted," Wayne Rohde said. "This report is not credible. In no way can it be right."
The Rohdes, of Edmond, filed their complaint on Feb. 19 with the Actuarial Board for Counseling and Discipline in Washington, D.C. Wayne Rohde said the board asked that the complaint be kept confidential but that he decided to make it public in hopes of reviving the autism mandate.
The complaint alleges that Cummins' representation of the likely rate impact of Nick's Law "may defraud children with autism in Oklahoma of an opportunity to obtain a fair hearing of their legislation."
The complaint alleges Cummins' analysis "wrongfully influenced the decisions of members of the Oklahoma House" and is being used by others to misrepresent the likely cost of the autism mandate.
Wayne Rohde demanded that Cummins retract his analysis and correct it.
"I'm hoping that he retracts it publicly," he said.
Reached at his Tulsa office, Cummins said he had not yet responded to the complaint and declined further comment.
House Speaker Chris Benge, R-Tulsa, expressed support for Cummins' report.
"We stand by our study, which was conducted by a professional actuary who has worked in the field for more than 35 years," Benge said.
Autism mandate legislation was passed by the Senate last year but was blocked in the House. Similar legislation was filed in the Senate again this year but was not heard.
Republican House leaders support legislation that would set standards and licensing procedures for health professionals to treat autism. That bill passed the House last month and is pending in the Senate.
Copyright © 2009 The Seattle Times Company
Press Conference - Cummins report factually incorrect
March 17, 2009
Contact: Wayne Rohde
(405) 973-7049 (c)
wrohde@cox.net
MEDIA ADVISORY: Wayne Rohde to share complaint filed against Thomas Cummins
The Cummins actuary report is factually incorrect and misleading
OKLAHOMA CITY — The Oklahoma House of Representatives received testimony by Mr. Thomas Cummins, MAAA regarding his actuary study on the proposed legislation known as Nick’s Law, autism insurance mandate.
Mr. Cummins violated several of the Actuarial Board for Counseling and Discipline standards as he prepared and presented his study for the House of Representatives, claiming that the cost of Nick’s Law would result in an increase of up to 19.8%.
A complaint filed by Wayne and Robyne Rohde outlines the errors of the study and the bias of the report.
Other actuary studies, produced by members of the American Academy of Actuaries, and other organizations have concluded that Nick’s Law and other similar legislation has a cost of less than 1%.
WHO: Wayne Rohde
WHAT: Mr. Rohde will outline the complaint, review the inaccuracies and bias.
WHERE: Fourth floor press room, Oklahoma State Capitol
WHEN: 11 a.m. March 18, 2009
WHY: The Cummins study along with the press statement from the Speaker’s office have become testimony in other states to defeat legislation similar to Nick’s Law.
###
Sunday, March 1, 2009
Dems' agenda is left to the shouting
by: MICHAEL MCNUTT NewsOK.com
Sunday, March 01, 2009
Click here to comment on Tulsa World article.
House Democrats promise to make more noise as legislation favored by the in-control Republicans is taken up on the chamber's floor in the next two weeks.
Many bemoan legislation they authored that did not make it out of committees by last week's deadline. In some committees, Democrats didn't speak out against measures they were against.
"The opposition will begin now," said House Democratic leader Danny Morgan of Prague. "What you're going to see from the Democratic caucus is a lot more activity from us on the floor so that the arguments against these pieces of legislation can be heard by the entire body and not a half-dozen committee members.
"I don't know that I've ever seen this caucus quite as invigorated as it is right now. Sometimes failure promotes energy."
House Republican leaders got all their key issues through committees — no surprise as Republicans control the House 61-40, and as a result, all committees.
House Speaker Chris Benge had all his key proposals — including bills promoting the use of alternative fuels through tax breaks and other incentives — passed unanimously out of committees.
"It's been a good, productive, first four weeks," said Benge, R-Tulsa. "We've got a lot of good things going. The budget (shortfall) still is going to be a challenge, of course, but I feel good about things to this point."
Democrats lost their showdown with Republicans over the autism mandate during a committee hearing on the second day of this year's session.
Benge said more study is needed on the cost of mandating coverage.
"We've established a good precedent that you deal with these mandate issues, examine them, analyze them and have a better understanding of the effects on all Oklahomans before you act on them," he said. "We put together a good plan, and I feel it's a step in the right direction to addressing families with autistic children."
Republicans got their proposal on how to deal with children with autism passed out of committee and basically eliminated any chance legislators would consider for the next two years the Democratic-backed idea of requiring insurance companies to cover children with autism.
The House Republican measure, by House Speaker Pro Tem Kris Steele of Shawnee, calls for enacting a licensing process for national board-certified behavioral analysts and expanding state programs that train doctors to diagnose and treat autism.
Still, Morgan said Democrats will try to keep alive the concept of insurance companies being required to cover treatment for children with autism.
"What we're wanting to do is just establish a pattern that if you cover other areas of medical service, then we think that autism ought to be just as important," he said.
Morgan said he's disappointed that two measures he filed didn't get heard by committees: establishing a no-call list for businesses, and prohibiting drivers under the age of 18 from being able to use cell phones while driving. He hopes to find some bills where he can put in some of the language of his proposals.
With House members filing 1,270 bills, 46 joint resolutions, and six concurrent resolutions for consideration this session, it was understood that most would be set aside so essential bills picked by Republican leadership could make their way through the 17 weeks or so legislators are in session. Nearly 400 measures advanced to the House floor, a House spokeswoman said.
Lawsuit reform measures, bills promoting alternative fuels and energy independence, reducing the number of Oklahoma's uninsured, voters being required to show identification, revamping the state medical examiner's office, and modernizing and reforming state government buying practices all passed out of committees and will be up for action on the House floor in the next two weeks.
Other measures by Republicans that passed committees include making English the official language, taking steps to crack down on puppy mills and changing how workers compensation judges are picked.
A proposal by Rep. Jason Murphey, R-Guthrie, to allow faculty members and those who have concealed gun permits along with firearms training to carry concealed weapons on college campuses remained bottled up in committee. Murphey, noting the Senate killed a similar measure, said he may wait until next session to bring out a guns-on-campus bill.
Thursday, February 26, 2009
News 9 State Dems say Republicans aren't Pro-family
Posted: Feb 26, 2009 04:42 PM
Click here to watch video
State Democrats Say Republicans Aren't Pro-Family
Senate Democrats said numerous bills that would help ordinary Oklahomans, bills like Nick's Law to require coverage for treatment of autism, have been killed by the GOP this session. Many of them never even went to a vote.
The author of Nick's Law joined other Democrats at a news conference Thursday afternoon, and said, while Republicans try to sweep proposed solutions under the carpet, the problem doesn't go away.
By Alex Cameron, NEWS 9
OKLAHOMA CITY -- Senate Democrats are criticizing Republicans for failing to act on bills they said would help children and families in our state. State Democrats are charging the new Republican majority with protecting the interests of insurance companies, at the expense of ordinary citizens.
Senate Democrats said numerous bills that would help ordinary Oklahomans, bills like Nick's Law to require coverage for treatment of autism, have been killed by the GOP this session. Many of them never even went to a vote.
The author of Nick's Law joined other Democrats at a news conference Thursday afternoon, and said, while Republicans try to sweep proposed solutions under the carpet, the problem doesn't go away.
"There are children we are losing every single day that we delay, who will never be able to be brought out of the shadows of autism, because we continue to debate and delay in this capitol." Democratic Sen. Jay Paul Gumm said. "For whatever reason, the House of Representatives in this state, and now, to some degree, the Republicans in the Senate, can't live up to their pro-family rhetoric."
House leaders said they are pro-family. Legislation to increase the number of qualified autism service providers will help families. What won't help them, they said, is mandating a new insurance benefit.
"Whenever insurance mandates are enacted, and those cost increases are incurred, the insurance companies don't bear those costs. The insurance companies absolutely do not bear those costs, policy holders bear those costs. You and I and anyone who has an insurance policy will be the one to pay the higher costs, and so to say that we're carrying water for the insurance companies, is just absolutely bogus to me," House Speaker Chris Benge said.
Republican leaders said they are trying to look out for the interests of all Oklahomans, and said legislating a new insurance benefit will just push health care costs up for everyone.
Monday, January 19, 2009
Autism measures set stage for major legislative battle
Partisan clash returns over insurance mandates
Published: January 19, 2009
Michael McNuttHouse Democrats vow to continue trying to require insurance companies to provide treatment for autistic children in what likely will be a major battle this legislative session.
Leaders in the Republican-controlled House, who last year did not take up measures dealing with the growing number of autistic children in the state, are suggesting more therapists and specialists would be a better solution than mandated coverage.
"I’m gratified to see that the speaker is aware of at least some of the challenges Oklahoma families face in seeking care for their autistic children,” said Rep. Mike Brown, D-Tahlequah.
House Republicans are proposing enacting a licensing process for national board-certified behavioral analysts and expanding state programs that train doctors to diagnose and treat autism.
"Currently, there is a huge imbalance between supply and demand,” said House Speaker Chris Benge. "We have only a few true providers in Oklahoma, but potentially thousands of children needing services.”
A pilot program that ended last year provided families $12,360 a year to obtain autism-related services. Much of the money went unspent because there were not enough professionals trained to work with children with autism, said Jim Nicholson, director of the developmental disabilities division of the state Department of Human Services.
"Focusing on increasing the pool of qualified service providers will avoid many of the frustrations experienced by people in other states of having greater access to services but finding no services to access,” he said.
Rep. Wallace Collins, D-Norman, said the House Republicans’ plan would be helpful, but most families still need some financial help to get services for autistic children.
"I’m heartened to hear that House Republicans are interested in increasing training for autism specialists, but what I want to know is, what are they going to do for families who need help now?” Collins said. "Do they expect parents of children with autism in our state to sit back and wait for ‘market forces’ to help their children?
"If we provide insurance coverage for autism in our state, then the providers will come to take advantage of it,” Collins said.
It’s unknown how many autistic children are in the state. According to the national Centers for Disease Control and Prevention, one in every 150 children in the U.S. is diagnosed with autism. It is considered the fastest-growing developmental disability. Research indicates early intervention can help.
He said any strategy to help children with autism must include insurance coverage.
"Even House Republicans acknowledged during their interim studies the woeful lack of autism therapists in Oklahoma,” he said. "Every one of their proposals will cost taxpayers money. And the small amount they are willing to commit to this epidemic is wholly inadequate to meet the needs.”
Rep. Daniel Sullivan, R-Tulsa, said Oklahoma families primarily need therapists and behavior analysts to help their autistic children.
Gumm said progress is being made.
Parents of autistic children were kept twice last year from speaking to a House committee.
"With the passion and effort of these parents, we have dragged the House leadership from literally slamming doors in parents’ faces to offering a partial solution,” Gumm said.
Wednesday, January 14, 2009
Ok House Democrats Welcome Republican Wake-Up to Autism

State of
House of Representatives
FOR IMMEDIATE RELEASE
Tuesday, January 13, 2009
Democratic Floor Leader Mike Brown
Representative Wallace Collins
Representative Ben Sherrer
Contact:
405-521-2711, x819
House Democrats Welcome Republican Wake-up to Autism
Oklahoma City (January 13, 2009) State Capitol – Several members of the Oklahoma House Democratic Caucus reacted to today’s press release from Speaker Chris Benge’s office regarding autism.
“My response is, ‘Welcome to the table, Speaker Benge,’” Brown said. “I’m gratified to see that the Speaker is aware of at least some of the challenges
Rep. Wallace Collins, who pushed for the bill known as “Nick’s Law” to be heard in the House last session, also expressed willingness to work with Speaker Benge.
“If Speaker Benge would like to hear more about the legislation that Democrats have proposed to help families of children with autism, we are more than willing to sit down and fill him in on what we’ve been fighting for all this time,” said Collins.
“I’m heartened to hear that House Republicans are interested in increasing training for autism specialists, but what I want to know is, what are they going to do for families who need help now?” Collins added. “Do they expect parents of children with autism in our state to sit back and wait for ‘market forces’ to help their children?”
In today’s release, Speaker Benge noted that in our state alone, “potentially thousands of children” need care for autism and related health issues, but that the Republicans’ proposal is designed to “allow market forces to alleviate the costs of autism services and increase access to care”.
“I’ve always said on this issue that, ‘If you build it, they will come.’ If we provide insurance coverage for autism in our state, then the providers will come to take advantage of it,” Collins noted.
“It strikes me as odd that during last year’s Health Care Reform Task Force, the issue of challenges
In a recent report titled “The Child Advocate,” the Oklahoma Institute on Child Advocacy noted that autism is the “fastest-growing serious developmental disability in the
“It just goes to show there remains an apparent priority to protect the insurance industry over
Brown, for now, remains welcoming to Speaker Benge’s newly found concern for autism.
“I’m not going to ask where Speaker Benge was last year, when a member of his party refused to hear a bill to reform insurance companies’ discriminatory practices against autism. And I’m not going to ask where he was when he rejected pleas from his Democratic colleagues and families of children with autism to consider amendments on the subject. For the moment, I’m just happy that he knows autism is an issue we need to address.”
Tuesday, January 13, 2009
House leaders propose autism plan
Associated Press Writer
OKLAHOMA CITY (AP) -- Republican leaders of the Oklahoma House unveiled a plan Tuesday to increase the number of therapists for autistic children in the state but said they remain opposed to an insurance coverage mandate for the disorder.
Continuing GOP opposition to an autism mandate may set the stage for another emotional showdown with Democrats and the parents of autistic children who support mandate legislation that passed the Senate last year but was blocked in the House. Similar legislation has been filed this year.
"Their plan is a step in the right direction, but it is only one step," said Sen. Jay Paul Gumm, D-Durant, author of mandate legislation known as "Nick's Law," named for an 11-year-old autistic boy from Edmond, Nick Rohde.
"Without some kind of private insurance component, the House's proposal will fall woefully short of dealing with the epidemic of autism," Gumm said.
"I do welcome their statements as a small first step forward. But they're ignoring the 800-pound gorilla," said Nick's father, Wayne Rohde.
"Practitioners will come to this state when they have a means of receiving desirable incomes," he said. "Nick's law would help thousands of children in Oklahoma. Their own plan is deny services to these children."
Republican House leaders refused to hear Nick's Law last year, claiming it would drive up the cost of health insurance for Oklahomans. Oklahoma already has 36 health insurance mandates.
A study prepared for the House that was released last week said an insurance mandate would increase health insurance rates by at least 7.8 percent and possibly as high as 19.8 percent.
Wayne Rohde said the study was "nothing short of a desperate move" and was full of errors.
"They are continuing to protect the insurance companies," he said.
Gumm said such increases have not been experienced in other states with autism insurance mandates.
Republican House Speaker Chris Benge of Tulsa acknowledged that the debate over Nick's Law was one of the most politically divisive of the 2008 Legislature. The Legislature convenes again on Feb. 2.
"This is an emotional issue. It's one that's been difficult for us to deal with," Benge said. "Issues that deal with children are so emotional."
But Benge and Speaker Pro Tem Kris Steele, R-Shawnee, said a requirement that health insurers cover the diagnosis and treatment of autism would be ineffective because of a shortage of trained providers that makes it difficult for families to obtain autism services.
Autism is a bioneurological disability that affects communication skills in young children, many of whom also suffer from ailments such as allergies, asthma and epilepsy. Officials estimate it affects about one of every 150 children.
House members conducted a series of hearings on autism last summer that found there is a lack of behavioral analysts and other legitimate service providers for autistic children in the state.
An autism pilot program conducted by the state Department of Human Services provided about $12,000 a year to each of 29 families with autistic children to obtain autism-related services, officials said. But many families ended the year with a significant amount of money unspent due to the limited number of legitimate providers.
"We found there's a glaring lack of service providers in our state," Steele said. "A mandate doesn't matter unless you have service providers."
Among other things, the House plan calls for a licensing process for national Board Certified Behavioral Analysts and enhancement of existing state programs to train doctors to diagnose and treat autism.
It would also enhance Sooner Start, Oklahoma's early intervention program for children with disabilities and developmental delays up to age 3, by providing professional training on the treatment of children with autism spectrum disorders.
Steele estimated that implementing the proposals will cost about $500,000.
Anne Roberts, executive director of the Oklahoma Institute for Child Advocacy, said rising autism rates among Oklahoma children calls for more effort to increase the availability of qualified service providers.
"This new initiative, with its multi-pronged approach, is an enormous step toward overcoming the barriers to the services so desperately needed by these children and their families," Roberts said.
Thursday, January 8, 2009
Oklahoma autism issue heats up
Published: January 8, 2009
Autism issue heats up
It hasn’t taken long for one of the heated issues during last year’s legislative session — whether insurers should pay for the treatment of autistic children — to generate contrasting information. Such an autism mandate was presented last year in Senate Bill 1537. Last year’s measure is identical to SB 1 filed for the session that begins Feb. 2. Here’s the latest on the issue:
House Speaker Chris Benge, R-Tulsa, released a study Wednesday, a day after legislators met to organize, that shows the costs of an autism insurance mandate would lead to at least a 7.8 percent increase in rates for insured Oklahomans. The report, prepared by an analyst, used jointly by the House and Senate, shows the increase could be as high as 19.8 percent, Benge said.
Sen. Jay Paul Gumm, D-Durant, who filed both bills, said the increase suggested in the study has not been experienced in any state requiring coverage. Gumm said a news release accompanying the study contains at least one factual inaccuracy relating to Texas’ law ending insurance discrimination against autistic children. He said it is misleading to suggest an insurance company increased "policy holder costs” by $379 per month: That is the amount of claims paid out on behalf of families benefiting from Texas’ law, Gumm said.
Monday, December 29, 2008
Nick’s Law proponent skeptical of insurer’s new autism coverage
The Journal Record
December 30, 2008
OKLAHOMA CITY – After years of trying to force health insurance companies to cover costs related to autism, state Sen. Jay Paul Gumm responded with skepticism to the news that Blue Cross and Blue Shield of Oklahoma has decided to provide autism benefits.
“While I commend their effort, this appears to be an attempt to put the pin back in the grenade and forestall consideration of Nick’s Law in 2009,” said Gumm, D-Durant. Gumm was first in line to file a bill for the 2009 legislative session to require health insurance companies doing business in Oklahoma to provide autism benefits.
Senate Bill 1 is also known as Nick’s Law, named for the son of Edmond resident and head of the Oklahoma Autism Coalition Wayne Rohde.
State Sen. Patrick Anderson, R-Enid, and state Sen. Mary Easley, D-Tulsa, had also filed similar bills for consideration in 2009. Lawmakers anticipated a repeat of last year’s grass-roots effort, in which dozens of parents walked the halls of the state Capitol brandishing pictures of their autistic children, lobbying lawmakers to give Nick’s Law a chance.
In 2008, the battle came to a head in the House Economic Development and Financial Services Committee, which the chairman, state Rep. Ron Peterson, R-Broken Arrow, refused to hear the measure. Peterson, an insurance agent, maintained his position that insurance mandates drive up the cost of premiums.
Peterson withstood intense pressure throughout the 2008 session from the parents of autistic children who crowded the committee room and waited outside his office for a chance to speak to him. Though eligible to serve two more years in the Legislature, Peterson declined to run for re-election in November in favor of returning to the private sector.
In the end, the private market prevailed, said Oklahoma House Speaker Chris Benge, R-Tulsa, who had backed Peterson’s decision not to hear Nick’s Law in committee.
Today’s Blue Cross Blue Shield announcement is proof that when given the opportunity, the market works to encourage private companies like BCBS to provide services increasingly in demand within a community,” said Benge. “This debate has never been about a lack of desire to help families with autistic children whom we know are struggling to take care of their kids. We will be seeking ways to help these families without growing the uninsured population in this state or making it even harder for Oklahoma families already struggling to pay for health insurance now.”
Bev Binkowski, director of public affairs for Blue Cross and Blue Shield of Oklahoma, commended the Oklahoma Legislature for allowing the market to work.
“Rather than having a ‘one-size-fits-all’ mandate for all companies, we have been able to develop a benefit to meet the needs of our members,” said Binkowski. The company will provide “a clinically reasonable benefit” that will not dramatically increase premiums, she said.
Rohde said his group had already proven with actuarial studies that the benefits they requested would not significantly raise premiums. House Republican leaders had estimated the cost of the requested benefit would increase state employee health insurance costs by $6 million a year, but the autism advocacy groups had a study that showed the average premium would increase by $1.66 a month.
Rohde said he eagerly awaited details regarding the benefits Blue Cross and Blue Shield of Oklahoma would provide for autism treatment. Payment for behavioral therapies that have proven effective are critical aspect of the benefit parents have been clamoring for, he said. Rohde’s family pays about $5,000 per month on such treatments for their son Nick.
Gumm also questioned what benefits will be included in Blue Cross and Blue Shield’s new plan.
“While a step in the right direction, today’s announcement is only a small piece of the puzzle,” said Gumm. “We do not know caps on the benefit, we do not know precisely what therapies are covered.” The plan would not take effect until 2010, he added.
Neither Gumm nor Rohde took the news as evidence of the free market working.
“If it weren’t for the efforts of the parents (of autistic children in Oklahoma), Blue Cross and Blue Shield wouldn’t be making this announcement,” said Rohde. “This is a response to political pressure, not a response to market forces. Market forces are pushing the other way,” said Rohde, causing many insurance companies to cut back on benefits, not to add additional coverage.
OK House Speaker comments on BCBS press release

CONTACT:
Jennifer Monies, Press Secretary
Oklahoma House of Representatives
Office of House Speaker Chris Benge
Office: 405-962-7679
Cell: 405-550-8144
Email: jenniferm@okhouse.gov
OKLAHOMA CITY (Dec. 29, 2008) – House Speaker Chris Benge issued the following statement in response to the announcement made today that Blue Cross Blue Shield will offer additional autism coverage to insured groups in Oklahoma effective at the start of their next policy year:
“Today’s Blue Cross Blue Shield announcement is proof that when given the opportunity, the market works to encourage private companies like BCBS to provide services increasingly in demand within a community,” said House Speaker Chris Benge, R-Tulsa. “This debate has never been about a lack of desire to help families with autistic children whom we know are struggling to take care of their kids. We will be seeking ways to help these families without growing the uninsured population in this state or making it even harder for Oklahoma families already struggling to pay for health insurance now.”
Friday, May 16, 2008
Benge: Autism bill needs more study

By WORLD CAPITOL BUREAU
5/14/2008
OKLAHOMA CITY — The parents of a child with autism said a meeting with House Speaker Chris Benge did not persuade the lawmaker to hear a bill seeking insurance coverage for autism.
A spokeswoman for Benge, Jennifer Mock, said the Tulsa Republican believes that the issue needs further study and that the meeting did not change his mind.
Wayne and Robyne Rohde of Edmond, whose 10-year-old son, Nick, has autism, met Tuesday with Benge.
"We did not really get any good results out of it," Wayne Rohde said.
Sen. Jay Paul Gumm, D-Durant, has sponsored Senate Bill 1537, legislation that would require insurance coverage for autism. The bill is called "Nick's Law."
Gumm said an analysis by a Pennsylvania expert indicates that the impact on insurance rates would be $1.66 per member per month for single policy rates and $4.59 for family rates.
Rep. Ron Peterson, R-Broken Arrow, said Benge asked him to review the findings of the report, adding that it was prepared by a person who is with an autism advocacy group.
"We will be reviewing the assumptions made in this report to determine the validity and accuracy of its findings," Peterson said.
"However,
it is imperative that we have an independent, thorough review of the true costs of this mandate."
Gumm said the study is unimpeachable and that he stands by the report.
He said any group chosen by House Republicans to conduct a study won't be independent.
To read the entire report, click here.
Autism Mandate fight continues
Posted: May 13, 2008 01:36 PM
Associated Press - May 13, 2008 2:35 PM ET
OKLAHOMA CITY (AP) - Supporters of a bill to require health insurers to cover autistic children are trying to bolster their case with a new analysis showing the mandate would not be as costly as opponents say.
Sen. John Gumm cited an actuarial study by an expert in Pennsylvania showing Gumm's legislation to help autistic families would have an impact of less than half of a percent on insurance rates.
Gumm, a Durant Democrat, was joined at a news conference by parents of autistic children, who met earlier Tuesday with House Speaker Chris Benge.
The parents said they were unable to persuade Benge to agree to hear the Senate-passed autism bill in the House.
Autism is a developmental disability in children that affects their communications skills.
Tuesday, May 6, 2008
House Leaders face political pressure on Nick's Law
By Tim Talley
Associated Press Writer
Supporters of legislation that would require health insurance companies to cover the diagnosis and treatment of autism brought new political pressure Tuesday on Republican leaders in the Oklahoma House to schedule a hearing on the Senate-passed bill.
Sen. Jay Paul Gumm, who authored the measure known as "Nick's Law," urged GOP House Speaker Chris Benge of Tulsa to offer an alternative to the autism mandate if he is unwilling to allow House members to vote on it. The measure received bipartisan support in the Senate.
"You have given your answer to 'Nick's Law,' and it is 'No.' My question, Mr. Speaker, is: What is your solution?" Gumm states in a letter that was hand-delivered to Benge's office.
"We have placed ours on the table time and again only to be denied even a chance to present it in what is supposed to be 'The People's House'," said Gumm, D-Durant.
To read more, please click here.
Saturday, May 3, 2008
Parents continue to fight for Nick's Law
Posted: May 1, 2008 08:44 PM
By Amy Lester, NEWS 9
Parents are continuing their battle against health insurance companies to gain coverage for autistic children.
These parents of autistic children are fighting for Nick's Law, legislation that would force insurance companies to cover autism treatments. The bill has passed the state Senate four times and is now is now up for a vote in the House, where representatives are refusing to hear it.
"The concerns and the frustrations we have is we're not having the discussion in the House," Nick's father Wayne Rohde, said.
From one office to the next, parents of autistic children tried to drum up support and get Nick's Law voted on in the House. They went door-to-door, talking to representatives.
"You've had my support all along, wonderful. There wasn't any doubt about it," Jerry Shoemake, (D-District 16), said.
The parents attempted to hit up every representative, including House leadership. They had no luck with House Speaker Chris Benge, but Speaker Pro Tempore Gus Blackwell invited them into his chambers.
Blackwell said an intern is researching autism for him, and he's going through the bill.
"One of the things we have to look at and be able to address is that there are a lot of mandates out there. The more mandates we make, the more people cannot afford insurance," Blackwell said.
Parents of autistic children agree they cannot afford the hefty cost of treatment. Some pay as much as $5,000 a month for treatments, because insurance companies refuse to cover autism.
"We are desperate. Folks are desperate to get the care and treatment that they need for their children," parent Dee Blose said.
These families plan to make their voices heard every day until the House votes, but time is running out. The House has less than a month left in session.
Benge said the House will not hear Nick's Law this session. Some lawmakers insist the cost of health insurance would increase exponentially with the added coverage.
The families plan to continue applying public and political pressure until the legislation passes, even if that takes years.