senate Bill S5801

Amended

Defines the term autism for the purposes of the education law and the mental hygiene law and the term autism spectrum disorder for the purposes of the insurance law

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 15 / Jun / 2013
    • REFERRED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1471
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO MENTAL HEALTH
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 13 / Jun / 2014
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 13 / Jun / 2014
    • PRINT NUMBER 5801A

Summary

Defines the term autism for the purposes of the education law and the mental hygiene law and the term autism spectrum disorder for the purposes of the insurance law.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A8062
Versions:
S5801
S5801A
Legislative Cycle:
2013-2014
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Education

Sponsor Memo

BILL NUMBER:S5801

TITLE OF BILL:
An act
to define the term "autism" for the purposes of the education law and
the mental hygiene law and the term "autism spectrum disorder" for the
purposes of the insurance law
and providing for the repeal of such provisions upon expiration thereof

PURPOSE:
The purpose of the bill is to ensure that individuals receiving
benefits and services are not impacted by the transition from the
fourth edition of the diagnostic and statistical manual of mental
disorders (DSM-IV) to the fifth edition of the diagnostic and
statistical manual of mental disorders (DSM-V). Provisions will
ensure that all those who would be eligible for such benefits and
services prior to the release of the DSM-5 continue to qualify,
without creating any new mandates on providers, schools or insurance
companies.

SUMMARY OF PROVISIONS:
Section 1. Legislative intent.

Section two of the bill provides that, as used in existing education
law, mental hygiene law and insurance law, "autism" or "autism
spectrum disorder" will be defined as including relevant diagnoses
using DSM-IV, as well as relevant diagnoses using DSM-5.

Section three provides the effective date.

JUSTIFICATION:
The bill provides that during the transition from. the DSM-IV to the
DSM-5, people with a diagnosis under the DSM-IV will not have their
benefits or state services disrupted. The bill does not intend to
expand benefits, but rather to ensure the continuation of benefits
and state services, such as educational services, for individuals
that have an established diagnosis under the DSM-IV. Due to the fact
that one in fifty children may have an autistic spectrum disorder and
the importance of early and appropriate treatment, it is essential to
ensure the continuity of benefits and services for individuals with a
diagnosis.

LEGISLATIVE HISTORY:
New bill

FISCAL IMPLICATIONS:
Needs to be determined.

EFFECTIVE DATE:
Shall take effect immediately and be deemed repealed after two years.

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

                                  5801

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 15, 2013
                               ___________

Introduced  by Sens. CARLUCCI, GRIFFO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to define the term "autism" for the purposes of the education law
  and the mental hygiene law and the term "autism spectrum disorder" for
  the purposes of the insurance law and providing for the repeal of such
  provisions upon expiration thereof

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

  Section  1.  Legislative  Intent.  The  legislature hereby finds that,
according to Centers for Disease Control and Prevention, as many as  one
in  50 children may have an autism spectrum disorder (ASD). The legisla-
ture further finds that  early,  continuous  and  appropriate  treatment
facilitates  the best possible outcome for children diagnosed with ASDs.
The legislature further finds that, while the periodic reformulation  of
diagnostic  criteria  is  vital  to  ensuring the provision of effective
care, the State must respond accordingly to guarantee that such  changes
do  not impact the eligibility of individuals currently receiving treat-
ment under the law. Therefore, the legislature finds it  appropriate  to
enact  measures preserving the existing rights and entitlements of those
diagnosed  with  pervasive  developmental  disorders  using  the  fourth
edition text revision of the Diagnostic and Statistical Manual of Mental
Disorders  (DSM-IV  TR) as the medical community transitions to criteria
implemented by the fifth edition (DSM-5). The legislature finds that  in
addition  to ensuring continued benefits and state services it is impor-
tant to convene a council to study the transition from  (DSM-IV  TR)  to
the criteria implemented by the fifth edition to ensure that individuals
who qualify under (DSM-IV TR) will continue to qualify under DSM-5.
  S  2.  Notwithstanding  any  law  to  the  contrary, "autism," for the
purposes of the education law and the mental hygiene  law,  and  "autism
spectrum  disorder,"  for  the purposes of the insurance law, shall mean
either: (1) an autistic disorder, Asperger's disorder, Rett's  disorder,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11529-03-3

S. 5801                             2

childhood  disintegrative  disorder, or pervasive developmental disorder
not otherwise specified (PDD-NOS), as diagnosed using the fourth edition
text revision of the Diagnostic and Statistical Manual of Mental  Disor-
ders (DSM-IV TR); or (2) an autism spectrum disorder diagnosed using the
most  recent  edition of the Diagnostic and Statistical Manual of Mental
Disorders.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed two years after such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.