Skip to main content

Class Action Against Michigan Medicaid System for Failing to Provide ABA Therapy to Children with Autism

  • Published: 2011-09-30 : Mantese Honigman Rossman and Williamson, P.C..
  • Synopsis: A federal judge denied a motion to dismiss suit challenging Michigan failure to provide Medicaid coverage for applied behavior analysis therapy for autistic children

Main Document

Federal Judge Certifies Class Action Against the State of Michigan Medicaid System for Failing to Provide ABA Therapy to Children With Autism.

A federal judge denied a motion to dismiss a suit challenging Michigan's failure to provide Medicaid coverage for applied behavior analysis therapy (ABA) for autistic children.

The plaintiffs in the case of Minter v. Dazzo, case no. 10-cv-15018, sued the state of Michigan claiming that the state is violating the federal Medicaid law by not making ABA available to autistic children through Medicaid.

Judge Stephen Murphy of the U.S. District Court for the Eastern District of Michigan allowed the case to continue by denying the State's motion to dismiss.

The court found that the plaintiffs presented evidence creating a question for trial of whether the state is providing coverage for ABA and whether it is effectively informing Medicaid participants of their right to receive reimbursement for ABA.

The court also granted the Plaintiffs' motion to certify the case as a class action.

The court held that the question of whether the state violated the Medicaid Act by failing to provide coverage for ABA therapy "is precisely the sort of question that is appropriate for class certification."

ABA therapy is the most effective therapy for treating autism in children.

The U.S. Surgeon General has found that "30 years of research demonstrated the efficacy of applied behavioral methods in reducing inappropriate behavior and increasing communication, learning and appropriate behavior." Numerous authorities have long found that ABA is a scientifically valid treatment for children with autism, including the United States Surgeon General, the National Institute of Mental Health, the American Academy of Pediatrics, and a study commissioned for both the Medicare and Medicaid systems. Moreover, 26 states mandate insurance coverage for ABA therapy.

The plaintiff class is represented by the law firms Mantese Honigman Rossman and Williamson, P.C., and John J. Conway, P.C.

Related Information:

  1. Denial of ABA Therapy For Autism - National Class Action Sought Against CIGNA
  2. Children with Autism Denied Sufficient Therapy in Ontario Canada

Information from our Disability News: Michigan section - (Full List).

Submit disability news, coming events, as well as assistive technology product news and reviews.

Loan Information for low income singles, families, seniors and disabled. Includes home, vehicle and personal loans.

Famous People with Disabilities - Well known people with disabilities and conditions who contributed to society.

List of awareness ribbon colors and their meaning. Also see our calendar of awareness dates.

Blood Pressure Chart - What should your blood pressure be, and information on blood group types/compatibility.

  1. New Peer-reviewed Journal 'Autism in Adulthood' Launching in 2019
  2. People Want to Live Longer - But Only If in Good Health
  3. Canada's Aging Population Signals Need for More Inclusive, Accessible Transportation System
  4. Britain's Unproductive Disabled: A Continuing Moral Panic?


Disclaimer: Content on Disabled World is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. See our Terms of Service for more information.

Reporting Errors: Disabled World is an independent website, your assistance in reporting outdated or inaccurate information is appreciated. If you find an error please let us know.