Assembly Bill A1708

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

                                  1708

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M. of A. GUNTHER, SPANO, CONTE -- read once and referred
  to the Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation to defining  a  bill
  of rights for persons with autism or autism spectrum disorders

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

  Section 1. The mental hygiene law is amended by adding a  new  section
16.39 to read as follows:
S 16.39 BILL OF RIGHTS FOR PERSONS WITH AUTISM OR AUTISM SPECTRUM DISOR-
          DERS.
  (A)  BOTH  EARLY INTERVENTION AND CONTINUING TREATMENT ARE INTEGRAL TO
THE HEALTHCARE OF THOSE DIAGNOSED WITH AUTISM OR AUTISM SPECTRUM  DISOR-
DERS.    INSURANCE  COMPANIES SHALL NOT DISCRIMINATE AGAINST INDIVIDUALS
WITH SUCH DIAGNOSES BY IMPOSING FINANCIAL BURDENS AND BARRIERS TO TREAT-
MENT SUCH AS DIFFERENTIAL DEDUCTIBLES, DISPARATE CO-PAYS, SPENDING CAPS,
AND ARBITRARY LIMITS ON ACCESS TO MEDICALLY NECESSARY  INPATIENT  AND/OR
OUTPATIENT SERVICES.
  (B)  ALL  PERSONS  WITH AUTISM OR AUTISM SPECTRUM DISORDERS SHALL HAVE
THE FOLLOWING RIGHTS:
  (1) THE RIGHT TO AN INCREASED INVESTMENT IN HIGH-QUALITY  RESEARCH  ON
THE ORIGIN, DIAGNOSIS AND TREATMENT OF AUTISM AND AUTISM SPECTRUM DISOR-
DERS;
  (2)  THE  RIGHT  TO  ACCESS,  AND  HAVE THEIR PARENTS AND/OR GUARDIANS
ACCESS, A COMPREHENSIVE CONTINUUM OF CARE BASED ON THE PATIENT'S  NEEDS-
-INCLUDING A FULL RANGE OF PSYCHOSOCIAL, BEHAVIORAL, PHARMACOLOGICAL AND
EDUCATIONAL SERVICES--REGARDLESS OF THE COST;
  (3) THE RIGHT TO RECEIVE TREATMENT WITHIN A COORDINATED SYSTEM OF CARE
WHERE  ALL  AGENCIES  DELIVERING  SERVICES (INCLUDING BUT NOT LIMITED TO
HEALTH, MENTAL HEALTH, CHILD WELFARE, JUVENILE  JUSTICE  AND  EDUCATION)
WORK TOGETHER TO OPTIMIZE TREATMENT OUTCOME;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01575-01-1

              

A. 1708                             2

  (4)  THE RIGHT TO RECEIVE IN-HOME CARE, AS WELL AS TREATMENT IN COMMU-
NITY-BASED SETTINGS AS CLOSE TO HOME AS POSSIBLE;
  (5)  THE RIGHT TO RECEIVE CARE FROM HIGHLY QUALIFIED PROFESSIONALS WHO
ACT IN THE BEST INTERESTS OF THE PATIENT AND FAMILY;
  (6) THE RIGHT TO TREATMENT THAT IS FAMILY-DRIVEN AND  PATIENT-FOCUSED.
PARENTS  AND/OR  GUARDIANS (AND PATIENTS WHEN APPROPRIATE) MUST HAVE THE
PRIMARY DECISION-MAKING ROLE WITH REGARD TO TREATMENT;
  (7) THE RIGHT TO RECEIVE, AND  HAVE  THEIR  PARENTS  AND/OR  GUARDIANS
RECEIVE,  ALL  INFORMATION REGARDING THE RISKS, BENEFITS AND ANTICIPATED
OUTCOMES OF ALL AVAILABLE TREATMENT OPTIONS THAT IS NECESSARY TO FACILI-
TATE EDUCATED DECISIONS AND INFORMED CONSENT;
  (8) THE RIGHT TO ACCESS,  AND  HAVE  THEIR  PARENTS  AND/OR  GUARDIANS
ACCESS,  MENTAL HEALTH PROFESSIONALS WITH APPROPRIATE TRAINING AND EXPE-
RIENCE.   PRIMARY CARE PROFESSIONALS PROVIDING  MENTAL  HEALTH  SERVICES
MUST  HAVE  ACCESS TO CONSULTATION AND REFERRAL RESOURCES FROM QUALIFIED
MENTAL HEALTH PROFESSIONALS; AND
  (9) THE RIGHT TO APPROPRIATE MONITORING  OF  PHARMACEUTICAL  TREATMENT
FOR  MENTAL DISORDERS, BOTH TO OPTIMIZE THE BENEFITS AND TO MINIMIZE ANY
RISKS OR POTENTIAL SIDE-EFFECTS ASSOCIATED WITH SUCH TREATMENTS.
  S 2. This act shall take effect immediately.