senate Bill S1881A

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:
A1400A
Versions:
S1881
S1881A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2801, add §2825, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A413, S6169, A413A
2009-2010: A8906D, A8906D

Sponsor Memo

BILL NUMBER:S1881A

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 interventions.

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 2825 of the Public
Health Law.

Section 3: Amends the Public Health Law by adding a new section 2825
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 appropriate 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
present, 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
legislation 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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. BONACIC, ROBACH -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02979-04-4

S. 1881--A                          2

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
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-FIVE
OF THIS ARTICLE.
  S 3. The public health law is amended by adding a new section 2825  to
read as follows:
  S  2825. 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.

S. 1881--A                          3

  (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
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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