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Florida Must Provide ABA Treatment to Children with Autism, Court Rules

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Florida Must Provide ABA Treatment to Children with Autism, Court Rules

April 23, 2012

On March 26, a Florida District Court ordered the state to provide, fund and authorize Applied Behavioral Analysis treatment to all individuals under the age of 21 who have been diagnosed with autism or Autism Spectrum Disorder and are eligible for Medicaid in the state.


The state had argued that ABA is not a rehabilitative service, and that even if it were, it is experimental and not medically necessary for children with autism or ASD. The court determined that these arguments were without merit, including finding that the state's determination that ABA is experimental was performed in an unreasonable and arbitrary manner.


The court then ordered that the state must provide ABA treatment to the individuals who brought the case, as well as to all other Medicaid-eligible individuals under 21 who have been diagnosed with autism or ASD.