S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    103
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, GOTTFRIED, ABBATE, J. RIVERA, COLTON,
   ABINANTI, SANTABARBARA, MONTESANO,  WALSH,  ASHBY  --  read  once  and
   referred 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
 amended  by  section  1  of part Z of chapter 57 of the laws of 2019, 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, or, in the
 case of a midwifery birth center, of  a  midwife,  for  the  prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  hospital,
 public  health center, diagnostic center, treatment center, dental clin-
 ic, dental dispensary, rehabilitation center other than a facility  used
 solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
 tal, chronic  disease  hospital,  maternity  hospital,  midwifery  birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary and a laboratory or central service facility serving  one  or
 more  such  institutions,  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02549-01-1

 A. 103                              2
 
 providing  services by or under the supervision of the bona fide members
 and adherents 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. No provision of this arti-
 cle or any other provision of law shall be construed to: (a)  limit  the
 volume  of  mental  health,  substance use disorder services or develop-
 mental disability services that can be provided by a provider of primary
 care services licensed under this  article  and  authorized  to  provide
 integrated services in accordance with regulations issued by the commis-
 sioner  in  consultation  with  the commissioner of the office of mental
 health, the commissioner of the office of alcoholism and substance abuse
 services and the commissioner of the office  for  people  with  develop-
 mental  disabilities,  including regulations issued pursuant to subdivi-
 sion seven of section three hundred sixty-five-l of the social  services
 law  or  part L of chapter fifty-six of the laws of two thousand twelve;
 (b) require a provider licensed pursuant to article  thirty-one  of  the
 mental  hygiene  law or certified pursuant to article sixteen or article
 thirty-two of the mental hygiene law to obtain an operating  certificate
 from  the  department  if  such  provider has been authorized to provide
 integrated services in accordance with regulations issued by the commis-
 sioner in consultation with the commissioner of  the  office  of  mental
 health, the commissioner of the office of alcoholism and substance abuse
 services  and  the  commissioner  of the office for people with develop-
 mental disabilities, including regulations issued pursuant  to  subdivi-
 sion  seven of section three hundred sixty-five-l of the social services
 law or part L of chapter fifty-six of the laws of two thousand twelve.
   § 2. Section 2801 of the public health law is amended by adding a  new
 subdivision 12 to read as follows:
   12.  "COMPREHENSIVE  AUTISM  ASSESSMENT  CENTER" MEANS A COMPREHENSIVE
 AUTISM ASSESSMENT CENTER UNDER SECTION TWENTY-EIGHT HUNDRED TWENTY-EIGHT
 OF THIS ARTICLE.
   § 3. The public health law is amended by adding a new section 2828  to
 read as follows:
   §  2828. 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

 A. 103                              3
 
 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
 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 HOUSING.
   (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.

 A. 103                              4
 
   (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.
   § 4. This act shall take effect immediately.