senate Bill S2148

Defines a bill of rights for persons with autism or autism spectrum disorders

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jan / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 23 / Mar / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 07 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Defines a bill of rights for persons with autism or autism spectrum disorders.

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Bill Details

See Assembly Version of this Bill:
A1708
Versions:
S2148
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง16.39, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Cycle:
S6732, A10157

Votes

8
0
8
Aye
0
Nay
1
aye with reservations
0
absent
1
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details
aye wr (1)
excused (1)

Sponsor Memo

BILL NUMBER:S2148

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to defining a bill of
rights for persons with autism or autism spectrum disorders

PURPOSE:
This bill would provide persons diagnosed with autism and autism
spectrum disorders (ASDs) certain rights with respect to the funding
of research and provision of treatment.

SUMMARY OF PROVISIONS:
Section 1 amends Mental Hygiene Law by adding section 16.39, which
establishes a bill of rights for persons diagnosed with autism or ASDs.

Subsection (a) guarantees equitable insurance coverage for individuals
diagnosed with autism or ASDs.

Subsection (b) accords such persons rights including: increased
funding of autism and ASDs research; access to a comprehensive
continuum of care; treatment within a coordinated system of agencies;
receipt of care in-home, as well as at treatment centers proximately
located to the patient's residence; family-driven and patient-focused
treatment by highly qualified professionals; and access to all
information necessary facilitate informed consent.

JUSTIFICATION:
Although estimates vary, Autism and Autism Spectrum Disorders (ASDs)
presently affect one in every 91 to 150 children. Given the high rate
of incidence, which has increased dramatically in recent years, New
York State must address the basic needs of its growing population of
citizens impacted by Autism and ASDs.

In its 2010 report, the New York State Interagency Task Force on
Autism, identified "five pressing needs" of those affected by Autism
and ASDs:
early identification, coordination of State services, lifelong service
delivery, increased dissemination of information, and coordination of
research efforts.

This bill will address these needs by securing fundamental rights to
research, treatment, information and insurance coverage for
individuals and their families.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  2148

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  McDONALD,  ADAMS,  ADDABBO, BONACIC, DeFRANCISCO,
  GRIFFO, HASSELL-THOMPSON, LANZA,  LARKIN,  LAVALLE,  LITTLE,  MAZIARZ,
  MONTGOMERY, PARKER, PERKINS, SAVINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Mental Health and
  Developmental Disabilities

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01575-01-1

S. 2148                             2

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;
  (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.

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