senate Bill S1881

Amended

Relates to developing comprehensive care centers for 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

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 29 / Jan / 2014
    • PRINT NUMBER 1881A

Summary

Develops comprehensive assessment centers for autism spectrum disorders; provides grants for their development and lays out reporting and research requirements.

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Bill Details

See Assembly Version of this Bill:
A1400
Versions:
S1881
S1881A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2801, add §2824, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A413, S6169, A413A
2009-2010: A8906D, A8906D

Sponsor Memo

BILL NUMBER:S1881

TITLE OF BILL: An act to amend the public health law, in relation to
the development of comprehensive autism assessment centers

PURPOSE: This legislation would provide for the establishment of four
Comprehensive Autism Assessment Centers that are designed to ensure that
children with Autism Spectrum Disorders will receive a comprehensive
assessment that will lead to the development of more effective inter-
ventions.

SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 1 of section 2801 of the Public Health Law
by adding a comprehensive autism assessment center" to the definition of
"Hospital."

Section 2: Amends section 2801 of the Public Health Law by adding a new
subdivision 11 which refers to the definition of a Comprehensive Autism
Assessment Center as included in section 2824 of the Public Health Law,

Section 3: Amends the Public Health Law by adding a new section 2824
which defines Comprehensive Autism Assessment Centers and sets forth the
programmatic components that these Centers shall contain including:

* Intensive Assessment Services including integrated, interdisciplinary
analysis of a child's functional characteristics and disabilities;

* Residential services that will provide short-term residential services
for children who require a short stay for the period in which the
assessment is conducted;

* Educational services that are provided to ensure children continue
receiving daily academic programming consistent with the child's home
school district; and

* Medical services to address the child's medical needs including their
general and chronic needs as well as those services that may be needed
on an emergency basis. These medical services shall also be utilized in
the assessment of the child's condition and development of the appropri-
ate treatment plan.

Section 4: Effective date.

JUSTIFICATION: The number of children diagnosed with Autism Spectrum
Disorders and other complex developmental disabilities is increasing
dramatically. Due to the many complexities that these disorders pres-
ent, these children require intensive assessments that can provide the
necessary information upon which an appropriate treatment plan can be
developed. At this time, the infrastructure does not exist which is
necessary to provide this comprehensive level of assessment. This legis-

lation will allow for the establishment of four centers which will meet
this objective.

LEGISLATIVE HISTORY:

S.6169 of 2012: Died in Senate Health, Died in Assembly Ways and Means
A.413 of 2011:Died in Assembly Ways and Means A.8906-D of 2010: Died in
Assembly Ways and Means, Died in Senate Health A.8906-B of 2009:Died in
Assembly Health, Died in Senate Health

FISCAL IMPLICATIONS: Undetermined. 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
________________________________________________________________________

                                  1881

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to the development of
  comprehensive autism assessment centers

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

  Section  1. Subdivision 1 of section 2801 of the public health law, as
separately amended by chapters 297 and 416  of  the  laws  of  1983,  is
amended to read as follows:
  1.  "Hospital"  means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary,  of  a  dentist,  for  the
prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
deformity or physical condition, including, but not limited to, a gener-
al hospital, public health center, diagnostic center, treatment  center,
dental  clinic,  dental  dispensary,  rehabilitation center other than a
facility used solely for vocational rehabilitation, nursing home, tuber-
culosis hospital, chronic disease hospital, maternity  hospital,  lying-
in-asylum,  out-patient  department, out-patient lodge, dispensary and a
laboratory or central service facility serving one or more  such  insti-
tutions, A COMPREHENSIVE AUTISM ASSESSMENT CENTER, but the term hospital
shall  not  include an institution, sanitarium or other facility engaged
principally in providing  services  for  the  prevention,  diagnosis  or
treatment  of  mental  disability  and which is subject to the powers of
visitation, examination, inspection and investigation of the  department
of  mental  hygiene  except  for those distinct parts of such a facility
which provide hospital service. The provisions of this article shall not
apply to a facility or  institution  engaged  principally  in  providing
services by or under the supervision of the bona fide members and adher-
ents  of  a  recognized  religious  organization whose teachings include

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02979-01-3

S. 1881                             2

reliance on spiritual means through prayer  alone  for  healing  in  the
practice  of  the  religion  of such organization and where services are
provided in accordance with those teachings.
  S  2. Section 2801 of the public health law is amended by adding a new
subdivision 11 to read as follows:
  11. "COMPREHENSIVE AUTISM ASSESSMENT  CENTER"  MEANS  A  COMPREHENSIVE
AUTISM  ASSESSMENT CENTER UNDER SECTION TWENTY-EIGHT HUNDRED TWENTY-FOUR
OF THIS ARTICLE.
  S 3. The public health law is amended by adding a new section 2824  to
read as follows:
  S  2824. COMPREHENSIVE AUTISM ASSESSMENT CENTERS.  1. DEFINITIONS. FOR
THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
  (A) "AUTISM SPECTRUM DISORDER" MEANS ANY OF A GROUP  OF  NEURODEVELOP-
MENTAL  DISORDERS  INCLUDING: AUTISM; PERVASIVE DEVELOPMENTAL DISORDER -
NOT OTHERWISE SPECIFIED (PDD-NOS); RETT'S SYNDROME; ASPERGER'S DISORDER;
AND CHILDHOOD DISINTEGRATIVE DISORDER.  AUTISM  SPECTRUM  DISORDERS  MAY
INCLUDE  CHARACTERISTICS  SUCH  AS LANGUAGE DISTURBANCE, SOCIAL DISTURB-
ANCE, AND RESTRICTIVE AND REPETITIVE  PATTERNS  OF  PLAY  WITH  A  RIGID
ADHERENCE  TO  SAMENESS.  ADDITIONAL  CO-OCCURRING  IMPAIRMENTS IN THOSE
SEVERELY AFFECTED MAY INCLUDE SENSORY PROBLEMS SUCH AS  AUDITORY  HYPER-
SENSITIVITY,  TEMPERATURE REGULATION ISSUES, SEIZURE DISORDERS, ABNORMAL
PAIN THRESHOLD, GASTROINTESTINAL PROBLEMS,  AND  PSYCHIATRIC  CONDITIONS
SUCH AS OBSESSIVE COMPULSIVE DISORDER, DEPRESSION AND ANXIETY.
  (B)  "COMPREHENSIVE  AUTISM  ASSESSMENT  CENTER"  OR  "CENTER" MEANS A
CENTER DESIGNATED BY THE COMMISSIONER UNDER THIS SECTION.
  2.  COMPREHENSIVE  AUTISM  ASSESSMENT  CENTERS  ESTABLISHED.  (A)  THE
COMMISSIONER  SHALL FACILITATE THE DEVELOPMENT AND ESTABLISHMENT OF, AND
DESIGNATE, FOUR COMPREHENSIVE CENTERS FOR  THE  ASSESSMENT  OF  CHILDREN
PRIMARILY  BETWEEN  THE  AGES OF FIVE AND EIGHTEEN DIAGNOSED WITH AUTISM
SPECTRUM DISORDERS AND  DEVELOPMENT  OF  APPROPRIATE  SHORT-TERM  INTER-
VENTIONS AND INDIVIDUAL TREATMENT PLANS WHICH ARE DESIGNED TO MANAGE AND
IMPROVE  FUNCTIONING.  THE  COMMISSIONER  SHALL ESTABLISH PROCEDURES AND
CRITERIA FOR THE  DESIGNATION  OF  SUCH  CENTERS  CONSISTENT  WITH  THIS
SECTION.
  (B)  THE  CENTERS  SHALL  UTILIZE  AN  ARRAY  OF DISCIPLINES WHICH MAY
INCLUDE BUT NOT BE LIMITED TO: PHYSICAL, MEDICAL AND PSYCHIATRIC; NEURO-
BEHAVIORAL; NUTRITION; GASTROENTEROLOGY; MOTOR AND FITNESS; SLEEP ANALY-
SIS; COMMUNICATION AND SOCIAL; AND PSYCHO-EDUCATIONAL. SERVICES PROVIDED
BY THE CENTERS MAY INCLUDE BUT NOT BE LIMITED TO  THE  FOLLOWING  COMPO-
NENTS:
  (I)  INTENSIVE  ASSESSMENT SERVICES, INCLUDING INTEGRATED, INTERDISCI-
PLINARY ANALYSIS OF A RESIDENT'S FUNCTIONAL CHARACTERISTICS AND DISABIL-
ITIES. UTILIZING A COMPREHENSIVE FRAMEWORK SUCH AS INTERNATIONAL CLASSI-
FICATION  OF  FUNCTIONING  DISABILITY  AND  HEALTH-CHILDREN  AND   YOUTH
(ICF-CY)(WORLD  HEALTH ORGANIZATION 2007), CENTERS SHALL COMPREHENSIVELY
ASSESS THE RANGE OF FUNCTIONING AND DEVELOPMENT OF CHILDREN WITH  AUTISM
SPECTRUM DISORDERS INCLUDING BUT NOT LIMITED TO: COMMUNICATION; SOCIALI-
ZATION; GENERAL, BEHAVIORAL, NEUROLOGICAL, PSYCHIATRIC, BODY AND MEDICAL
FUNCTIONING; CHILD-ENVIRONMENTAL INTERACTIONS; ACTIVITY LIMITATIONS; AND
PARTICIPATION RESTRICTIONS.
  (II)  DEVELOPMENT OF APPROPRIATE SHORT-TERM INTERVENTIONS AND INDIVID-
UAL TREATMENT PLANS WHICH ARE DESIGNED TO MANAGE AND IMPROVE FUNCTIONING
FOR THE CHILDREN ASSESSED BY THE CENTER.
  (III) RESIDENTIAL SERVICES THAT PROVIDE SHORT-TERM RESIDENTIAL SUPPORT
FOR CHILDREN ADMITTED TO THE CENTER WHO REQUIRE A  SHORT  STAY  FOR  THE

S. 1881                             3

PERIOD IN WHICH THE ASSESSMENT IS CONDUCTED. THESE SERVICES ARE INTENDED
TO  PROVIDE  SUPPORT  FOR  THE  ASSESSMENT  ACTIVITIES AND ARE NOT TO BE
LONG-TERM NOR ARE THEY TO BE PROVIDED IN A GENERAL HOSPITAL  OR  NURSING
HOME  AS  DEFINED IN THIS ARTICLE NOR IN THE CAPACITY OF PERMANENT HOUS-
ING.
  (IV) EDUCATIONAL SERVICES APPROVED BY THE STATE EDUCATION  DEPARTMENT.
SUCH  EDUCATION  SERVICES  PROVIDED SHALL BE CONSISTENT WITH THE CHILD'S
HOME SCHOOL DISTRICT'S CURRICULUM  AND  THE  EDUCATIONAL  NEEDS  OF  THE
CHILD, AND APPROPRIATE TO THE CHILD'S SHORT-TERM STAY IN THE CENTER. THE
CENTER SHALL CONSULT WITH THE CHILD'S HOME SCHOOL DISTRICT TO DEVELOP AN
APPROPRIATE EDUCATIONAL PLAN.
  (V)  MEDICAL  CLINICAL  SERVICES.  EACH CENTER SHALL HAVE THE CAPACITY
ON-SITE OR READILY ACCESSIBLE TO PROVIDE FOR THE RESIDENT'S MEDICAL  AND
CLINICAL  NEEDS.  THESE  SERVICES  SHALL BE AVAILABLE TO PROVIDE MEDICAL
SERVICES TO ADDRESS GENERAL, CHRONIC AND ONGOING MEDICAL CONDITIONS.
  3. GRANTS FOR DEVELOPMENT OF COMPREHENSIVE AUTISM ASSESSMENT  CENTERS.
WITHIN  AMOUNTS  APPROPRIATED,  THE  COMMISSIONER SHALL PROVIDE FUNDING,
PURSUANT TO A REQUEST FOR  PROPOSALS,  TO  AID  IN  THE  DEVELOPMENT  OF
COMPREHENSIVE AUTISM ASSESSMENT CENTERS.
  4.  REPORTING/RESEARCH  REQUIREMENTS.  (A)  EACH  RECIPIENT OF FUNDING
PURSUANT TO THIS SECTION SHALL PROVIDE  THE  FOLLOWING  INFORMATION  AND
SUCH  OTHER  INFORMATION  AS  THE DEPARTMENT MAY REASONABLY REQUIRE WITH
RESPECT TO THE CENTER TO THE DEPARTMENT, ANNUALLY  AS  REQUIRED  BY  THE
DEPARTMENT:
  (I)  THE ANNUAL NUMBER OF CHILDREN RECEIVING SERVICES PURSUANT TO THIS
SECTION;
  (II) THE AVERAGE LENGTH OF STAY OF THOSE CHILDREN WHO RECEIVE SERVICES
AT THE CENTER; AND
  (III) THE TYPE OF PROGRAMS AND INTERVENTIONS THAT CHILDREN RECEIVED.
  (B) THE DEPARTMENT SHALL ANNUALLY COMPILE SUCH REPORTS ON THE CENTERS'
ACTIVITIES AND FINDINGS AND ANNUALLY REPORT ON THE CENTERS TO THE GOVER-
NOR AND LEGISLATURE.
  (C) THE COMMISSIONER SHALL ASSIST IN AND ENCOURAGE THE DEVELOPMENT  OF
RESEARCH  COLLABORATIONS  BETWEEN  THE CENTERS AND RELEVANT STATE AGENCY
FACILITIES, COLLEGES AND UNIVERSITIES AND,  WHERE  APPROPRIATE,  PRIVATE
RESEARCH ENTITIES.
  S 4. This act shall take effect immediately.

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