senate Bill S2832A

Directs commissioner of health and commissioner of developmental disabilities to require pediatric care providers to screen for autism; repealer

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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

  • 24 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 10 / Feb / 2014
    • PRINT NUMBER 2832A

Summary

Directs the commissioner of health and commissioner of the office for people with developmental disabilities to jointly promulgate rules and regulations requiring pediatric health care providers to screen children beginning at the age of 18 months for autism spectrum disorders during each wellness and preventative care examination.

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Bill Details

See Assembly Version of this Bill:
A534A
Versions:
S2832
S2832A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Rpld §2500-j, add §2500-k, Pub Health L; add §16.39, Ment Hyg L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3404, A3217, A9015
2009-2010: S6201, A8251

Sponsor Memo

BILL NUMBER:S2832A

TITLE OF BILL: An act to amend the public health law and the mental
hygiene law, in relation to directing the commissioner of health and
the commissioner of the office for people with developmental
disabilities to promulgate rules and regulations requiring every child
beginning at the age of eighteen months to be examined for autism
spectrum disorders; and to repeal section 2500-j of the public health
law relating to screening children for autism spectrum disorders

PURPOSE:

Requires the commissioner of the office for people with developmental
disabilities and the commissioner of health to promulgate rules and
regulations set forth by section 2500-k, which shall require primary
care providers to conduct autism spectrum disorder (ASD) screening
during annual wellness and preventative care examination for children
over the age of 18 months.

SUMMARY OF PROVISIONS:

Section 1 repeals section 2500-j of the public health law.

Section 2 amends the public health law by adding section 2500-k
instructing the commissioner of health and the commissioner of the
office of people with developmental disabilities to promulgate rules
and regulations requiring all pediatric primary care providers to
conduct ASD screening and preventative care examination of children
over the age of eighteen months. This section also establishes
requirements for the rules and regulations including: best practices
for screening and diagnosis, the use of objective autism spectrum
disorder tools, and the appropriate referral mechanism based upon
initial screening.

Section 3 requires that the commissioners promulgate all rules and
regulations required by subdivisions one and two of section 2500-k of
the public health law relating to the screening of children for ASD.

Section 4 establishes the effective date.

JUSTIFICATION:

Autism is the fastest growing developmental disability in the nation.
In fact, since 1992, there has been more than seven fold increase in
the number of children in New York State diagnosed with autism. Autism
varies widely in its severity and symptoms and may go unrecognized,
especially in mildly affected children.

According to a study by the London School of Economics, the cost of
lifelong care can be reduced by 2/3 with early diagnosis and
intervention. Section 2500-k requires pediatric primary care providers
to conduct a wellness and preventative care examination for children
beginning at 18 months of age.

Doctors rely on a core group of behaviors to alert them to the
possibility of a diagnosis of autism,


LEGISLATIVE HISTORY:

2011-12: S.3404 - Referred to Health
2009-2010: S.6201/A.8251 Died in Health

FISCAL IMPLICATION:

None.

EFFECTIVE DATE:

This act shall take effect immediately, except that section one of
this act shall take effect September 1, 2015.

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

                                 2832--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  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 and the mental hygiene law, in
  relation to directing the commissioner of health and the  commissioner
  of the office for people with developmental disabilities to promulgate
  rules  and  regulations  requiring every child beginning at the age of
  eighteen months to be examined for autism spectrum disorders;  and  to
  repeal  section  2500-j of the public health law relating to screening
  children for autism spectrum disorders

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

  Section 1. Section 2500-j of the public health law is REPEALED.
  S  2.  The public health law is amended by adding a new section 2500-k
to read as follows:
  S 2500-K. PEDIATRIC WELLNESS VISITS;  SCREENING  FOR  AUTISM  SPECTRUM
DISORDERS.  1.  THE COMMISSIONER SHALL, JOINTLY WITH THE COMMISSIONER OF
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND ON OR  BEFORE
MAY  FIRST,  TWO  THOUSAND  FIFTEEN,  PROMULGATE  RULES  AND REGULATIONS
REQUIRING EVERY PEDIATRIC PRIMARY CARE PROVIDER, CONDUCTING  A  WELLNESS
AND  PREVENTATIVE  CARE  EXAMINATION,  ON  OR AFTER SEPTEMBER FIRST, TWO
THOUSAND FIFTEEN, OF A CHILD EIGHTEEN MONTHS OF AGE OR OLDER, TO  SCREEN
SUCH CHILD FOR AUTISM SPECTRUM DISORDERS.
  2.  IN ADDITION, SUCH RULES AND REGULATIONS SHALL ESTABLISH GUIDELINES
AND PROTOCOLS FOR:
  (A) THE BEST PRACTICES FOR THE SCREENING FOR AND DIAGNOSIS  OF  AUTISM
SPECTRUM DISORDERS;
  (B) THE EMPLOYMENT OF OBJECTIVE AUTISM SPECTRUM DISORDER TOOLS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03637-02-4

S. 2832--A                          2

  (C)  THE  APPROPRIATE  REFERRAL MECHANISM FOR CHILDREN, WHO BASED UPON
THE RESULTS OF SCREENING FOR AUTISM SPECTRUM DISORDERS, REQUIRE  FURTHER
EVALUATION.
  3.  IF  THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES SHALL FAIL TO PROMULGATE, ON  OR  BEFORE
MAY  FIRST,  TWO THOUSAND FIFTEEN, THE RULES AND REGULATIONS REQUIRED BY
SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE DEPARTMENT SHALL ADOPT AND
IMPLEMENT THE RELEVANT FEDERAL RULES AND REGULATIONS RELATING THERETO.
  S 3. The mental hygiene law is amended by adding a new  section  16.39
to read as follows:
S 16.39 PEDIATRIC  WELLNESS VISITS; SCREENING FOR AUTISM SPECTRUM DISOR-
          DERS.
  THE COMMISSIONER SHALL, JOINTLY WITH THE COMMISSIONER OF  HEALTH,  AND
ON  OR  BEFORE  MAY  FIRST, TWO THOUSAND FIFTEEN, PROMULGATE ANY AND ALL
RULES AND REGULATIONS REQUIRED BY SUBDIVISIONS ONE AND  TWO  OF  SECTION
TWENTY-FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW RELATING TO THE SCREENING
OF CHILDREN FOR AUTISM SPECTRUM DISORDERS.
  S  4.  This act shall take effect immediately, except that section one
of this act shall take effect September 1, 2015.

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