Ley TEA (Trastorno de Espectro Autista)

El pasado 26 de enero el Congreso aprobó el proyecto de ley TEA. Habrá que esperar a la promulgación de la ley y ver cómo el estado la financia e implementa. Dicho esto, es indudable que este es un paso importante y que comienza a dar una luz de esperanza a una población que ha sido mayormente ignorada y marginalizada dentro del ámbito de la discapacidad.

– Yasna Araya

El 26 de enero recién pasado, el Congreso Nacional dio su aprobación al proyecto de ley que establece la promoción de la inclusión, la atención integral y la protección de los derechos de las personas con trastorno del espectro autista (TEA) en el ámbito social, de salud y de educación, lo que ha sido noticia por la esperanza que trae para cientos de familias que, por años, han visto cómo la condición del espectro autista genera desigualdad económica, social, de salud y educacional.

Conozcamos lo que regula en el ámbito de la SALUD

Este ámbito ha sido uno de los más destacados, porque trae la esperanza de permitir un acceso igualitario a prestaciones necesarias de salud que muchas veces se ven imposibilitadas por la carga económica que ello trae a las familias. 

Esta ley ha incorporado, como DEBER DEL ESTADO, tres líneas importantes y abandonadas, que son: el diagnóstico temprano y oportuno, la obligación de un seguimiento continuo durante toda la etapa de su vida y el acceso a atención de salud, de acuerdo a sus necesidades. 

Lo primero, lo concretizará a través de los centros primarios de salud, quienes deberán hacer un proceso de detección del trastorno a quienes se encuentren entre los 16 y 30 meses de edad, luego se hará a las personas de entre 30 y 59 meses. 

Garantías en la educación

En materia educacional, también se ha establecido la obligatoriedad de los recintos escolares de derivar a los centros de salud respectivos a las personas que requieran de un diagnóstico, lo cual se debe hacer según un protocolo que se elaborará para tal efecto. 

Los otros dos puntos, los centra en que el Ministerio de Salud deberá evaluar la incorporación al GES de las prestaciones de salud asociadas a la atención de personas con TEA, por lo que, si bien aún no existe claridad de cuáles serán esas prestaciones de salud incorporadas al GES, resulta esperanzador el poder acceder a muchos tratamientos que hoy en día son 100% de costo de los familiares. 

También, se agrega que se garantizará la atención de la salud mental de las personas que padecen la condición, siendo importante también que se avance a una incorporación más integral de los familiares y/o cuidador@s de estas personas. 

Para todo lo anterior, dentro de un año, el Ministerio de Salud tendrá que elaborar un protocolo y reglamento, que deberá regular de manera específica su implementación. Todo lo anterior se complementa con el deber de capacitar, y otorgar perfeccionamiento continuos a las personas que deban estar en constante contacto con las personas con TEA, con lo que se pretende garantizar un trato respetuoso y digno, además de una comunicación fácil y asertiva.

Financiamiento de la ley

En cuanto al financiamiento, es importante recalcar que, si bien se establecen las partidas de la ley de presupuesto con las que se trabajará, todo siempre queda condicionado en la medida que el estado vaya teniendo las atribuciones, los medios y recursos para implementarla.

Por tanto, habrá que esperar a la promulgación de la ley y ver cómo el estado la financia e implementa. Dicho esto, es indudable que este es un paso importante y que comienza a dar una luz de esperanza a una población que ha sido mayormente ignorada y marginalizada dentro del ámbito de la discapacidad.

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