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Retired U.S. Military Dependents
Ruled Eligible for ABA 
by Federal Court

 

July 2013: Judge Walton has reversed himself, in a very unusual action, on his ruling from July 2012 ordering the DoD to provide ABA Therapy to dependents of retired military personnel.  

July 2012: The United States District Court For The District Of Columbia ruled in Civil Action No. 10-0373 (RBW) on July 26, 2012 that ABA Therapy coverage be provided under the Basic Program to beneficiaries who otherwise qualify for reimbursement.  

United States District Judge Reggie B. Walton ordered that:

"Because the Agency’s denial of ABA therapy coverage under the Basic Program is arbitrary and capricious, the Agency must therefore be enjoined from denying qualified beneficiaries coverage on the ground that ABA therapy is not a covered benefit under the TRICARE Basic Program. Thus, the Court will remand this case back to the Agency with instructions that ABA therapy coverage be provided to Basic Program beneficiaries who otherwise qualify for reimbursement and such reimbursement be provided in compliance with the applicable TRICARE guidelines for the expenses incurred by qualified beneficiaries to acquire ABA therapy for their children.22  Accordingly, for the foregoing reasons, the plaintiffs’ motion for summary judgment is granted and the defendants’ cross-motion for summary judgment is denied."

 

The entire ruling by Judge Walton can be downloaded in PDF format through AutismVotes at:

http://www.autismvotes.org/atf/cf/%7B2A179B73-96E2-44C3-8816-1B1C0BE5334B%7D/TRICARE%201-Pager%20_7.21.pdf

 

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