S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10157

                          I N  A S S E M B L Y

                              March 8, 2010
                               ___________

Introduced by M. of A. FIELDS -- read once and referred to the Committee
  on Mental Health

AN  ACT  to amend the mental hygiene law, in relation to defining a bill
  of rights for persons with autism or autism spectrum disorders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
16.39 to read as follows:
S 16.39 BILL OF RIGHTS FOR PERSONS WITH AUTISM OR AUTISM SPECTRUM DISOR-
          DERS.
  (A) BOTH EARLY INTERVENTION AND CONTINUING TREATMENT ARE  INTEGRAL  TO
THE  HEALTHCARE OF THOSE DIAGNOSED WITH AUTISM OR AUTISM SPECTRUM DISOR-
DERS.  INSURANCE COMPANIES SHALL NOT  DISCRIMINATE  AGAINST  INDIVIDUALS
WITH SUCH DIAGNOSES BY IMPOSING FINANCIAL BURDENS AND BARRIERS TO TREAT-
MENT SUCH AS DIFFERENTIAL DEDUCTIBLES, DISPARATE CO-PAYS, SPENDING CAPS,
AND  ARBITRARY  LIMITS ON ACCESS TO MEDICALLY NECESSARY INPATIENT AND/OR
OUTPATIENT SERVICES.
  (B) ALL PERSONS WITH AUTISM OR AUTISM SPECTRUM  DISORDERS  SHALL  HAVE
THE FOLLOWING RIGHTS:
  (1)  THE  RIGHT TO AN INCREASED INVESTMENT IN HIGH-QUALITY RESEARCH ON
THE ORIGIN, DIAGNOSIS AND TREATMENT OF AUTISM AND AUTISM SPECTRUM DISOR-
DERS;
  (2) THE RIGHT TO ACCESS,  AND  HAVE  THEIR  PARENTS  AND/OR  GUARDIANS
ACCESS,  A COMPREHENSIVE CONTINUUM OF CARE BASED ON THE PATIENT'S NEEDS-
-INCLUDING A FULL RANGE OF PSYCHOSOCIAL, BEHAVIORAL, PHARMACOLOGICAL AND
EDUCATIONAL SERVICES--REGARDLESS OF THE COST;
  (3) THE RIGHT TO RECEIVE TREATMENT WITHIN A COORDINATED SYSTEM OF CARE
WHERE ALL AGENCIES DELIVERING SERVICES (INCLUDING  BUT  NOT  LIMITED  TO
HEALTH,  MENTAL  HEALTH,  CHILD WELFARE, JUVENILE JUSTICE AND EDUCATION)
WORK TOGETHER TO OPTIMIZE TREATMENT OUTCOME;
  (4) THE RIGHT TO RECEIVE IN-HOME CARE, AS WELL AS TREATMENT IN  COMMU-
NITY-BASED SETTINGS AS CLOSE TO HOME AS POSSIBLE;
  (5)  THE RIGHT TO RECEIVE CARE FROM HIGHLY QUALIFIED PROFESSIONALS WHO
ACT IN THE BEST INTERESTS OF THE PATIENT AND FAMILY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15576-03-0

A. 10157                            2

  (6) THE RIGHT TO TREATMENT THAT IS FAMILY-DRIVEN AND  PATIENT-FOCUSED.
PARENTS  AND/OR  GUARDIANS (AND PATIENTS WHEN APPROPRIATE) MUST HAVE THE
PRIMARY DECISION-MAKING ROLE WITH REGARD TO TREATMENT;
  (7)  THE  RIGHT  TO  RECEIVE,  AND HAVE THEIR PARENTS AND/OR GUARDIANS
RECEIVE, ALL INFORMATION REGARDING THE RISKS, BENEFITS  AND  ANTICIPATED
OUTCOMES OF ALL AVAILABLE TREATMENT OPTIONS THAT IS NECESSARY TO FACILI-
TATE EDUCATED DECISIONS AND INFORMED CONSENT;
  (8)  THE  RIGHT  TO  ACCESS,  AND  HAVE THEIR PARENTS AND/OR GUARDIANS
ACCESS, MENTAL HEALTH PROFESSIONALS WITH APPROPRIATE TRAINING AND  EXPE-
RIENCE.    PRIMARY  CARE  PROFESSIONALS PROVIDING MENTAL HEALTH SERVICES
MUST HAVE ACCESS TO CONSULTATION AND REFERRAL RESOURCES  FROM  QUALIFIED
MENTAL HEALTH PROFESSIONALS; AND
  (9)  THE  RIGHT  TO APPROPRIATE MONITORING OF PHARMACEUTICAL TREATMENT
FOR MENTAL DISORDERS, BOTH TO OPTIMIZE THE BENEFITS AND TO MINIMIZE  ANY
RISKS OR POTENTIAL SIDE-EFFECTS ASSOCIATED WITH SUCH TREATMENTS.
  S 2. This act shall take effect immediately.