Response to The Tricare Response in Losing Retiree Lawsuit

This is the kind of stuff that really riles me up in a big way. Any parents who has ever advocated for their autistic child know that sickening, angering and gut wrenching feeling when your child’s rights to proper care or education are denied. It is even worse when the matter goes to court. My wife and I have been there multiple times in due process and state complaints, and have watched the bureaucracy and politics that occur with governmental organizations that do not want to comply with the law.

Such is the case, as it appears with the recent ruling against Tricare that was awarded to a family that challenged Tricare to their policy of not providing applied behavior analysis, or ABA for their child as military retirees who utilize Tricare for their health care provider. It took several years, but earlier this year the judge in the matter ruled that Tricare needed to cover ABA as a medical benefit, regardless of programs like ECHO and the Demo that are provided to active duty military. Well, as this article attached below states, the family won, but what did they really win?

Because Tricare legally now has to cover ABA for the thousands of retirees and their autistic dependents, they have also decided that they will start changing the rules as to who can and cannot now receive ABA for active duty dependents as well. It appears that Tricare has started to deny ABA benefits to those with Down Syndrome, when that was a regular benefit before the lawsuit. I know it will not end their with the animal known as Tricare.

The main PROBLEM in all of this is that the current platform in this election season by the incumbent president is that “voting for the Republicans will hurt those with Autism or Down Syndrome.” Well, sorry Mr. President, and sorry President Clinton (who said these very words during the Democratic National Convention) but YOUR administration is already doing a good job of disrupting and damaging the lives of military dependents who rely on those services.

There is going to be much more on this issue to come.

Please click on the link here to read the rest of this story. Here is an excerpt from it….

“…And so I was shocked when, only one month after he started treatment, I received a letter from Tricare refusing to pay. I appealed, appealed and appealed. I was denied, denied and denied. Tricare, we were told, covers no therapy – medically necessary or otherwise – for retirees.

Tricare insisted that the most – and almost always only – effective autism treatment was not a covered benefit. In one phone conversation, a Tricare representative hissed: “If you don’t like the way the legislation is written, then contact your Congressman.”

Which I did.

I appealed to my congressman who took up my cause. He, too, was rebuffed. I appealed to the number two in charge of Tricare, Gen. Elder Granger, and was rejected again.

Finally I appealed to the Secretary of Defense. Like everyone else in the Tricare bureaucracy, a curt rejection, with little or no explanation, was his response. I felt defeated.

And that’s when we headed to court.”

To Change Tricare, ECHO and EFMP We’ll Need to Document the Facts

It’s no secret that it requires a great amount of patience, emotional intelligence and great follow-up skills when submitting documentation for services for your autistic child. Tricare overall is a good health care plan, but when it comes to the accuracy and efficiency of getting services for our autistic children it falls short of the mark.

In order to help facilitate change it is time for all of us within the military autism community to start factually documenting and then aggregate our problematic experiences with these organizations over a certain period of time. I would suggest a 6-month period.

Here is the simplicity of what I am suggesting:

1) Get a notebook binder – something you can easily take notes in to document your efforts from start to finish.
2) Every time you submit documentation to Tricare, ECHO, or EFMP (or any organization that you regularly deal with) keep a copy of what you submitted and log in your notebook the day, time and specific person(s) you sent the documentation to. Ask when you will see a result from your submission. How long will it take to fulfill your request?
3) Proactively follow-up on progress of your submission with emails and/or calls and document the day, time you called and who specifically you spoke with. Also, make a note on the progress of your submission. Did they lose it and ask you to submit it again? When you called did you get different guidance or were asked to send additional paperwork that should have been sent the first time you submitted? Document all of this and how the guidance differed from this individual from the last individual. Ask again when you can expect results from your request.
4) Follow-up again with them in a timely matter to check status. And as #3 above, document any inconsistencies, delays the day, time and who specifically you spoke to (first and last names).
5) Continue steps above with every effort of paperwork submission or change in services or programming until one of the following happens: A) You get it resolved and everything is put into place properly, B) You reach a level of frustration and have procured enough documentation to take your complaint to your chain of command to see if they can assist, or C) You are getting nowhere and not it is time to take all of your factual, specific documentation that you have collected over the past months (or perhaps years in some cases, lol) and take your matter up with the Inspector General, or perhaps even your congressman.

We have been guilty of complaining at time about the issues these organizations have. It is difficult not to do with the error-prone system each of these organizations seems to have in place. I contend that the only way to start to help the system get better is to push within. And in order to accomplish that we need FACTS. We need many parents to document the FACTS of the problems, lost documentation, wrong guidance of paperwork, delays, inaccuracies, etc. If we can create a groundswell of documentation from hundreds or even better, thousands of families, who are willing to take the time to get a notebook and document, I believe we will start to effect change in a positive way.

This will take diligence and commitment. But, I can assure you that when it comes time for resolve, FACTS are what speaks volumes. If you ever go to Due Process with your school district, or file a state complaint, the judge will want to hear the FACTS, not your opinion, conjecture or the like. As Ronald Reagan said, “Facts are pesky little things.” The more we have to push into the face of Tricare, ECHO and EFMP the better the organizations will be forced to comply more efficiently with the needs that all of us in the military autism community have.

In advocacy,

Mike

Caring For Military Kids with Autism ACT (CKMAA) Perspective

Here is a great post about the CKMAA that I stumbled across. As a military service member I can appreciate both of the benefits and areas of improvement in organizations such as EFMP, ECHO, Tricare and others. There is much good, but there is also much that needs vast improvement on.

This a a great outside perspective on an inside issue that for sure, I believe, to be very relevant.

Some changes can be made with little pain or increase in budgets. Beginning with the passage of the CKMAA would be a huge boost in the right direction to correct some of the coverage deficiencies and stigma associations that exist for military families living with autism.

Here is a brief snippet of the post and a link to read the whole thing.


Caring for Military Kids with Autism Act- Why It Matters To All of Us

About two years ago I met a family who just moved to our school. Their child had a severe speech delay and developmental issues. Upon meeting the mother, I asked about her provider. “What? Provider for what?” After explaining that she was eligible for a minimum of behavioral, speech, and occupational therapy for her child and may qualify for more, she looked shocked. I told her about what we were doing for our girls, what we were getting through ECHO (the military’s supplementary insurance program), and what she needed to do. She said, “ECHO? Wow, that must be something new. I will look into that. My husband just won’t let us apply for EFMP.”

For those of you lucky enough not to understand the acronyms, EFMP stands for Exceptional Family Member Program. This basically puts your family member in a “level of care” category based on the needs of that family member. The military then decides, based on this category, where they can and cannot send the service member. Or, so they say.

EFMP carries with it a stigma that many service members cannot separate from. It means that this person really cannot (or should not) go anywhere and do anything. It is hard to get the qualifications needed to promote to the next level and pay grade if you can’t go anywhere and do anything. It could mean the difference in retiring at 20 years or 30 years. It could mean thousands of dollars more a month in retirement for the rest of the service member’s life. Many people don’t want to take the risk. As a result, their child does not get the help and services they need. Such was the case with the family I met.

I am sure that those of you on the outside may ask yourself, “How could someone let this happen?” or “How could you simply….

Please click HERE to open a new window and read the rest of the post.

In Advocacy,

Mike

What Does Tricare ECHO Benefits Provide my Military Dependent?

After your kiddo is enrolled in the Exceptional Family Member Program (EFMP), you can then enroll her into the Extended Care Health Option (ECHO). This is the supplement that provides for a short list of benefits, including getting the necessary ABA service that should be most effective for your child. Every service does their enrollment into EFMP differently, but ECHO benefits are the same across the uniformed services.

Hope this helps!

Mike


You can link to the following on the Tricare Fact Sheet for ECHO by clicking here…

The Extended Care Health Option (ECHO) is a supplemental program to the TRICARE Basic benefit. ECHO provides eligible active duty family members with an additional financial resource for services and supplies designed to help reduce the disabling effects of a beneficiary’s qualifying condition.

ECHO has no enrollment fee, however; you must register for ECHO to receive ECHO benefits. Registration in ECHO requires the beneficiary be enrolled in the Exceptional Family Member Program (EFMP) as provided by the sponsor’s branch of service. There is no enrollment fee for the EFMP.

ECHO Eligibility
ECHO benefits are available to the following dependents with a qualifying condition:

* TRICARE eligible dependents of members of the uniformed services, including members of the National Guard and Reserves activated for more than 30 days;
* Family members eligible for continued TRICARE medical benefits through the Transitional Assistance Management Program (TAMP);
* Children or spouses of former members of the Uniformed Service who were victims of physical or emotional abuse;
* Family members of a deceased active duty sponsor remain eligible for ECHO benefits during the period they are in transitional survivor status.

Qualifying conditions for ECHO include:

* Moderate or severe mental retardation;
* A serious physical disability;
* A physical or psychological condition that causes the beneficiary to be homebound

Children may remain eligible for ECHO benefits beyond the usual TRICARE eligibility age limit (21 or age 23 if enrolled in college full time) provided the sponsor remains on active duty, the child is incapable of self-support because of a mental or physical incapacity that occurs prior to the loss of their eligibility, and the sponsor is responsible for more than one-half the child’s support.

ECHO Coverage
Benefits provided under ECHO may include any of the following:

* Medical and rehabilitative services;
* Training to use assistive technology devices;
* Special education;
* Institutional care when a residential environment is required;
* Transportation under certain circumstances;
* Assistive services, such as those from a qualified interpreter or translator, for beneficiaries whose visual or hearing impairment qualifies them for ECHO benefits;
* Durable equipment, including adaptation and maintenance of beneficiary-owned equipment;
* In-home medical services;
* In-home respite care services
* Beneficiaries who are homebound may qualify for the ECHO Home Health Care (EHHC) benefit in addition to other ECHO benefits.

Coverage Limit and Government/Sponsor Liability

The Government’s limit for the cost of all ECHO benefits combined, excluding the EHHC, is $36,000 per beneficiary, per fiscal year (October 1–September 30).

ECHO-allowable amounts are not subject to a deductible. The cost-share for every month beneficiaries use ECHO benefits is based on the sponsor’s pay grade, as shown in the following table:

ECHO Cost-Share Amounts
Sponsor Pay Grade

Sponsor Cost-Share Amount

E-1 through E-5: $25.00

E-6: $30.00

E-7 and 0-1: $35.00

E-8 and 0-2 $40.00

E-9, WO/WO-1, $45.00
CWO-2, and 0-3:

CWO-3, CWO-4, $50.00
and 0-4:

CWO-5, 0-5: $65.00

O-6: $75.00
O-7: $100.00
O-8: $150.00
O-9: $200.00
O-10: $250.00

For more information on ECHO, visit the TRICARE website at www.tricare.mil/echo, or contact your regional contractor. For more information about EFMP, beneficiaries may visit the Military Homefront Web site at www.militaryhomefront.dod.mil. You may also call TRICARE Regional Offices North (1-877-874-2273); South (1-800-444-5445); West (1-888-874-9378). If you are overseas, click here for country-specific toll-free contact information.