senate Bill S2150A

2011-2012 Legislative Session

Creates the New York autism spectrum disorders treatment, training and research council and provides for the powers and duties of the council

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 reported and committed to rules
Mar 30, 2012 print number 2150a
amend and recommit to finance
Jan 04, 2012 referred to finance
Jan 18, 2011 referred to finance

Votes

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Jun 12, 2012 - Finance committee Vote

S2150A
34
0
committee
34
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Bill Amendments

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A (Active)
Original
A (Active)

Co-Sponsors

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S2150 - Bill Details

See Assembly Version of this Bill:
A2954A
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add Art 41-A §§908 - 908-b, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S6880, A10113

S2150 - Bill Texts

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Creates the New York autistic spectrum disorders treatment, training and research council and provides for the powers and duties of the council.

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BILL NUMBER:S2150

TITLE OF BILL:
An act
to amend the executive law, in relation to creating the New York autism
spectrum disorders treatment, training and research council and
providing for the powers and duties of the council

PURPOSE:
This bill would expand and enhance treatment, training and research
programs serving those persons diagnosed with Autism and Autism
Spectrum Disorders (ASDs).

SUMMARY OF PROVISIONS:
Section 1. Intent.

Section 2. Enacting Clause.

Section 3. Amends the Executive Law by adding Article 41-A as follows:
* Section 908. Definitions.
* Section 908-a. Creates the New York Autism and Autism Spectrum
Disorders Treatment, Training and Research Council.
1.
PURPOSES:
(a) To develop a coordinated New York State Policy and Plan with
respect to treatment, training and research;
(b) To review State agency initiatives for consistency with the State
Policy and Plan;
(c) To provide a continuing forum for discussion related to the
development and implementation of the State Policy and Plan; and
(d)To take enumerated steps to expand and coordinate treatment, training
and research.

2.
ORGANIZATION: 28 members
(a) 13 Ex Officio:

* Commissioner of the Department of Health (co-chair)
* Commissioner of the Office of Mental Retardation and
Developmental Disabilities (co-chair)
* Commissioner of the Department of Labor
* Commissioner of the Department of Education
* Commissioner of the Office of Children and Family Services
* Commissioner of the Office of Mental Health
* Commissioner of the Office of Temporary and Disability Assistance
* Superintendent of the Insurance Department
* Chancellor of the State University of New York
* Chancellor of the City University of New York
* Chair of the Council on Children and Families
* Chair of the Commission on Quality of Care and Advocacy
for Persons with Disabilities
* Executive Director of the Disabilities Planning Council
(b) Seven Appointments by the
Governor: Two members must represent not-for-profits
(c) Six Recommendations by the Majority: The President
Pro Tem and the Speaker would each recommend three members


* At least one expert
* At least one family member
(d) Two Recommendations by the Minority:
Senate and Assembly Minority Leaders would each recommend one member
* Section 908-b. Enumerates the functions, powers and duties of the
Council.
1.
COMMUNITY FORUMS: Community forums must be held
every five years-in
various locations throughout the State-to allow patients, family
members, service providers, and expert researchers to contribute to
the State Policy and Plan.
2.
STATE POLICY AND PLAN: The Council must submit an annual
report to the
Governor and Legislature that includes information, findings and
recommendations regarding:
(a) Coordination of services
(b) Early identification and intervention
(c) Lifelong service delivery
(d) Family support
(e) Increased dissemination of information
(f) Coordination of research
(g) Financing training, treatment and research in the State
(h) Statistical analyses
3.
IMPLEMENTATION OF THE STATE POLICY AND PLAN:
Except where prohibited by law, rule or requirement, the State Policy
and Plan is binding upon member state agencies. State agencies must
promulgate regulations and otherwise act to give effect to the State
Policy and Plan.
4.
NYCARD FACILITIES: The Council shall select
and designate regional
New York Centers on Autism and Related Disabilities
(a) The Council must establish criteria for selection and designation
(b) The Council must accept applications from not-for-profit,
academic and research agencies; and within 18 months:
* Designate as NYCARD Facilities:
o Federal Studies to Advance Autism Research and Treatment (STAART)
Network programs located within the State
o Cody Center for Autism and Developmental Disabilities
at Stony Brook University
o Center for Autism and Related Disabilities at the University at Albany
* Expand current NY CARD Facilities located in or around:
o Albany
o Buffalo
o New York City
o Northern Metropolitan New York
o Rochester
o Create one or more NYCARD Facilities in or around:
o Binghamton
o Plattsburgh
o Potsdam
o Poughkeepsie
o Syracuse
(c) NYCARD Facilities must provide training, referral and


information for parents, educators, medical professionals
and other service providers. Where feasible, NYCARD facilities
must also provide treatment based services, including
case consultation and clinical services.
5.
RESEARCH: NYCARD Facilities, as well as
organizations receiving
federal or nonstate grant funds for research, may receive grants for
the enhancement of activities already being undertaken by such
organizations.

JUSTIFICATION:
As noted in section 1 of this bill, Autism and Autism Spectrum
Disorders (ASDs) affect approximately one in every 110 children.
Given the high rate of incidence, which has increased dramatically in
recent years, the
Centers for Disease control and Prevention consider ASDs an "urgent
public health concern."

In its 2010 report, the New York State Interagency Task Force on
Autism (Task Force), identified "five pressing needs" of the growing
population of New Yorkers diagnosed with ASDs: coordination of state
services, early identification, lifelong service delivery, increased
dissemination of information, and coordination of research efforts.

This bill creates a centralized state entity to address the current
and future needs of individuals and families affected by ASDs.
Further, it integrates many of the Task Force's proposals. Finally.
this bill not only provides for more efficient and effective
research, but also allows the council flexibility to adapt to any
information yielded as a result.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None, with the exception of any appropriations made in support of this
measure.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2150

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  McDONALD,  DeFRANCISCO,  GOLDEN,  JOHNSON, LANZA,
  LARKIN, LAVALLE, MAZIARZ, NOZZOLIO, PARKER -- read twice  and  ordered
  printed, and when printed to be committed to the Committee on Finance

AN  ACT to amend the executive law, in relation to creating the New York
  autism spectrum disorders treatment, training and research council and
  providing for the powers and duties of the council

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

  Section  1.  Intent.  The  legislature  hereby finds and declares that
autism spectrum disorders, hereinafter ASDs, currently  affect  approxi-
mately  one  in  110 children and are considered to be an "urgent public
health concern" by the Centers for Disease Control and Prevention.
  The legislature further finds that New York state  has  not  responded
sufficiently  to  this  crisis.  In  its 2010 report, the New York state
Interagency Task Force on Autism,  hereinafter  Task  Force,  identified
five  primary  needs  of  the  growing  population  of New York citizens
affected by ASDs: coordination of state services, early  identification,
lifelong  service  delivery, increased dissemination of information, and
coordination of research efforts. First, as a collaborative effort of 11
independent state agencies that each serve individuals impacted by ASDs,
the Task Force itself exemplifies the need for coordination of research,
treatment and training responsibilities. Second, while  the  Task  Force
determined  that  early  identification and intervention were crucial to
minimizing the symptoms and impact of ASDs, it reported that only  eight
percent  of pediatricians routinely screen for ASDs and approximately 30
percent of children with ASDs do  not  receive  the  early  intervention
services  provided  by  the  New York State Department of Health. Third,
recognizing that the thousands of children diagnosed with ASDs will soon
age out of the state's educational system, the Task Force noted a dearth
of post-secondary training and transitional services. Fourth,  the  Task
Force  determined  that  individuals and families affected by ASDs would

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01579-01-1

S. 2150                             2

benefit from a centralized clearinghouse of  relevant  information,  and
called  for  the  provision of user-friendly access to such information.
Finally, the Task Force reported that  collaboratively  determining  the
direction of future ASD research would best utilize available public and
private funding.
  The  legislature  therefore  declares  that  there is a need to expand
treatment, training and research with regard to ASDs  --  including  the
enhancement of efforts to improve access to, and the efficacy of, needed
services, support and treatment.
  S  2.  This  act  shall  be  known, and may be cited, as the "New York
autism spectrum disorders treatment, training and research act".
  S 3. The executive law is amended by adding a new article 41-A to read
as follows:
                              ARTICLE 41-A
                   NEW YORK AUTISM SPECTRUM DISORDERS
                TREATMENT, TRAINING AND RESEARCH COUNCIL
SECTION 908. DEFINITIONS.
        908-A. NEW YORK AUTISM SPECTRUM  DISORDERS  TREATMENT,  TRAINING
                 AND RESEARCH COUNCIL; PURPOSE AND ORGANIZATION.
        908-B. FUNCTIONS, POWERS AND DUTIES OF THE COUNCIL.
  S 908. DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1.  "AUTISM SPECTRUM DISORDER" OR "ASD" MEANS A NEUROBIOLOGICAL CONDI-
TION THAT INCLUDES AUTISM, ASPERGER SYNDROME, RETT'S SYNDROME, OR PERVA-
SIVE DEVELOPMENTAL DISORDER;
  2. "FAMILY" MEANS THE PARENT OR LEGAL GUARDIAN OF AN INDIVIDUAL  DIAG-
NOSED WITH AN AUTISM SPECTRUM DISORDER; AND
  3.  "PATIENT"  MEANS  AN  INDIVIDUAL DIAGNOSED WITH AN AUTISM SPECTRUM
DISORDER.
  S 908-A. NEW YORK AUTISM SPECTRUM DISORDERS  TREATMENT,  TRAINING  AND
RESEARCH COUNCIL; PURPOSE AND ORGANIZATION. 1. THERE SHALL BE WITHIN THE
EXECUTIVE  DEPARTMENT  THE NEW YORK AUTISM SPECTRUM DISORDERS TREATMENT,
TRAINING AND RESEARCH COUNCIL, HEREINAFTER COUNCIL, WHOSE PURPOSES SHALL
BE TO:
  (A) DEVELOP A COORDINATED NEW YORK  STATE  AUTISM  SPECTRUM  DISORDERS
TREATMENT,  TRAINING  AND  RESEARCH  POLICY  AND PLAN, HEREINAFTER STATE
POLICY AND PLAN, WITH RESPECT TO THE PROVISION OF SERVICES  TO  PATIENTS
AND THEIR FAMILIES;
  (B)  REVIEW  STATE  AGENCY  INITIATIVES FOR THEIR CONSISTENCY WITH THE
STATE POLICY AND PLAN;
  (C) PROVIDE A CONTINUING FORUM FOR DISCUSSION RELATED TO THE  DEVELOP-
MENT AND IMPLEMENTATION OF THE STATE POLICY AND PLAN; AND
  (D)  TAKE  THE STEPS ENUMERATED HEREIN TO EXPAND AND COORDINATE TREAT-
MENT, TRAINING AND RESEARCH.
  2. THE COUNCIL SHALL BE COMPRISED OF TWENTY-EIGHT MEMBERS AS FOLLOWS:
  (A) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, THE COMMISSIONER  OF
THE  DEPARTMENT OF LABOR, THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES, THE COMMISSIONER OF EDUCATION, THE COMMISSIONER OF  THE
OFFICE  OF MENTAL HEALTH, THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, THE COMMISSIONER OF THE OFFICE OF  TEMPORARY
AND  DISABILITY  ASSISTANCE, THE SUPERINTENDENT OF THE INSURANCE DEPART-
MENT, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE CHANCELLOR
OF THE CITY UNIVERSITY OF NEW YORK, THE CHAIR OF THE COUNCIL ON CHILDREN
AND FAMILIES, THE CHAIR OF THE COMMISSION ON QUALITY OF CARE AND ADVOCA-
CY FOR PERSONS WITH DISABILITIES, AND  THE  EXECUTIVE  DIRECTOR  OF  THE
DISABILITIES  PLANNING  COUNCIL,  ALL OF WHOM SHALL SERVE EX OFFICIO AND
WHO MAY DESIGNATE REPRESENTATIVES TO ACT ON THEIR BEHALF;

S. 2150                             3

  (B) SEVEN MEMBERS APPOINTED BY THE GOVERNOR, WHO SHALL POSSESS  EXPER-
TISE  IN  ASDS.  AT  LEAST TWO APPOINTEES SHALL REPRESENT NOT-FOR-PROFIT
ENTITIES WITH THE PRIMARY PURPOSE  OF  PROVIDING  ACCESS  TO  EDUCATION,
INFORMATION AND/OR SERVICES RELATED TO THE CARE OF PATIENTS; AND
  (C)  EIGHT  MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF
THE LEGISLATIVE LEADERS AS FOLLOWS:
  (1) THE TEMPORARY PRESIDENT OF THE  SENATE  AND  THE  SPEAKER  OF  THE
ASSEMBLY  SHALL  EACH RECOMMEND THREE MEMBERS TO THE COUNCIL. THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL  EACH
RECOMMEND  AT LEAST ONE CLINICAL OR RESEARCH EXPERT IN THE FIELD OF ASDS
AND AT LEAST ONE FAMILY MEMBER OF A PATIENT; AND
  (2) THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER  OF  THE
ASSEMBLY SHALL EACH RECOMMEND ONE MEMBER TO THE COUNCIL.
  3.  VACANCIES  IN THE MEMBERSHIP OF THE COUNCIL SHALL BE FILLED IN THE
MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
  4. THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND  THE  COMMISSIONER
OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL SERVE, EX
OFFICIO, AS CO-CHAIRS OF THE COUNCIL. ADMINISTRATIVE DUTIES OF THE COUN-
CIL  SHALL  BE THE RESPONSIBILITY OF, AND EXECUTED BY, THE DEPARTMENT OF
HEALTH AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES  PURSU-
ANT TO AN AGREEMENT EFFECTED BY THE CO-CHAIRS.
  5.  MEMBERS  OF  THE  COUNCIL  SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR NECESSARY EXPENSES.
  6. THE COUNCIL SHALL MEET QUARTERLY, OR MORE FREQUENTLY IF  ITS  BUSI-
NESS SHALL REQUIRE, PROVIDED THAT THE COMMUNITY FORUMS REQUIRED PURSUANT
TO  SECTION  NINE  HUNDRED  EIGHT-B  OF  THIS ARTICLE SHALL CONSTITUTE A
FORMAL MEETING OF THE COUNCIL.
  S 908-B. FUNCTIONS, POWERS AND DUTIES OF THE  COUNCIL.  1.  NOT  LATER
THAN  ONE  YEAR  AFTER  THE  EFFECTIVE DATE OF THIS ARTICLE, THE COUNCIL
SHALL CONDUCT COMMUNITY FORUMS  TO  GAIN  INPUT  FROM  PATIENTS,  FAMILY
MEMBERS,  SERVICE  PROVIDERS,  EXPERT  RESEARCHERS  AND OTHER INTERESTED
PARTIES CONCERNING THE DEVELOPMENT OF THE STATE POLICY AND PLAN REQUIRED
BY THIS SECTION. THE COUNCIL SHALL THEN CONDUCT COMMUNITY  FORUMS  EVERY
FIVE YEARS, OR MORE FREQUENTLY AS THE COUNCIL SHALL DETERMINE. COMMUNITY
FORUMS SHALL BE CONDUCTED IN OR AROUND ALBANY, BINGHAMTON, BUFFALO, LONG
ISLAND,  NEW  YORK  CITY,  NORTHERN  METROPOLITAN NEW YORK, PLATTSBURGH,
POTSDAM, POUGHKEEPSIE, ROCHESTER, SYRACUSE, AND OTHER AREAS AS THE COUN-
CIL SHALL DETERMINE.
  2. THE COUNCIL SHALL PROVIDE THE INITIAL REPORT OF  THE  STATE  POLICY
AND PLAN REQUIRED BY THIS SECTION TO THE GOVERNOR AND THE LEGISLATURE ON
OR  BEFORE  FEBRUARY  FIRST,  TWO  THOUSAND TWELVE, AND SHALL PROVIDE AN
UPDATE OF SUCH POLICY AND PLAN BY FEBRUARY FIRST OF EVERY YEAR THEREAFT-
ER. THE STATE POLICY AND PLAN SHALL INCLUDE  COMPREHENSIVE  INFORMATION,
FINDINGS AND RECOMMENDATIONS CONCERNING, BUT NOT LIMITED TO, THE FOLLOW-
ING:
  (A)  COORDINATION  OF SERVICES, INCLUDING: COORDINATING STATE SERVICES
AND PROVIDING CASE MANAGEMENT; CLARIFYING AND  STREAMLINING  ELIGIBILITY
AND  INTAKE PROCESSES FOR STATE SERVICE SYSTEMS; ADDRESSING THE NEEDS OF
PATIENTS WHO FAIL TO MEET ELIGIBILITY CRITERIA OF  STATE  AGENCIES;  AND
UNITING  PUBLIC  AND  PRIVATE  AGENCIES IN A MANNER THAT WILL BEST SERVE
PATIENTS AND THEIR FAMILIES. IN ASSESSING  THE  STRENGTHS  AND  GAPS  IN
SERVICES  FOR  PATIENTS  AND  THEIR  FAMILIES, THE STATE POLICY AND PLAN
SHALL INCLUDE EVALUATIONS AND RECOMMENDATIONS BY REGION;
  (B) EARLY IDENTIFICATION AND  INTERVENTION,  INCLUDING:  STANDARDIZING
ASD  SCREENING  PRACTICES; TRAINING EDUCATORS, MEDICAL PROFESSIONALS AND

S. 2150                             4

OTHER SERVICE PROVIDERS TO RECOGNIZE AND TREAT ASDS; AND PROMOTING EARLY
CHILDHOOD SCREENING BY PRIMARY CARE PHYSICIANS;
  (C)   LIFELONG   SERVICE  DELIVERY,  INCLUDING:  PROMOTING  ACCESS  TO
EVIDENCE-BASED SERVICES FOR PATIENTS OF ALL AGES; ESTABLISHING TREATMENT
GUIDELINES AND TRAINING PROGRAMS FOR CAREGIVERS;  PROVIDING  RESIDENTIAL
SUPPORTS  TO  ADULT  PATIENTS;  AND IMPLEMENTING EMPLOYMENT TRAINING AND
POST-SCHOOL TRANSITIONAL SERVICES;
  (D) FAMILY SUPPORT, INCLUDING:  EXPANDING  RESPITE  CARE  OPTIONS  AND
IMPLEMENTING OTHER MEANS TO REDUCE STRAIN ON FAMILIES;
  (E)  INCREASED DISSEMINATION OF INFORMATION, INCLUDING: INCREASING ASD
AWARENESS PROGRAMS; DISTRIBUTING BEST PRACTICES  TO  EDUCATORS,  MEDICAL
PROFESSIONALS  AND  OTHER SERVICE PROVIDERS; CONTINUING THE TASK FORCE'S
EFFORTS TO CREATE A CENTRALIZED HUB OF INFORMATION ON ASDS  THROUGH  THE
LAUNCH  OF  AN ONLINE INITIATIVE FOR ADULTS AND CHILDREN ON THE SPECTRUM
(NEW YORK ACTS); AND ENHANCING SUPPORT  FOR  PATIENTS  AND  FAMILIES  IN
NON-ENGLISH SPEAKING COMMUNITIES;
  (F)  COORDINATED  RESEARCH,  INCLUDING:   UTILIZING AVAILABLE RESEARCH
FUNDS IN THE MOST EFFECTIVE AND EFFICIENT  MANNER;  TRANSLATING  RESULTS
INTO  IMPROVED  TREATMENT  PRACTICES; DISTRIBUTING RESULTS TO EDUCATORS,
MEDICAL PROFESSIONALS AND  OTHER  SERVICE  PROVIDERS;  AND  UNITING  ASD
RESEARCHERS IN SEEKING TO ACHIEVE A BETTER UNDERSTANDING OF ASDS;
  (G)  FINANCING  TRAINING, TREATMENT AND RESEARCH IN THE STATE, INCLUD-
ING: MAKING FINANCING MORE EFFICIENT AND EFFECTIVE; STRENGTHENING FAMILY
SERVICES AND SUPPORTS; PROVIDING A SEAMLESS SPECTRUM OF  SERVICES  IRRE-
SPECTIVE  OF  AGENCY  JURISDICTION;  IDENTIFYING  EXISTING AND POTENTIAL
SOURCES OF FUNDING; AND PARTNERING WITH PRIVATE INDIVIDUALS, FOUNDATIONS
AND OTHER ENTITIES; AND
  (H) A STATISTICAL ANALYSIS OF DATA CONCERNING THE PREVALENCE OF AUTISM
IN NEW YORK STATE, BOTH STATEWIDE AND BY REGION; A LISTING OF  AVAILABLE
AND  PROPOSED  PROGRAMS,  AND THEIR AVAILABILITY BY REGION; A LISTING OF
AVAILABLE AND PROPOSED EXPENDITURES, AND THEIR AVAILABILITY BY REGION; A
LISTING OF FINANCIAL RESOURCES AVAILABLE FOR THE PROVISION  OF  SERVICES
TO  PATIENTS AND THEIR FAMILIES; AND SUCH OTHER INFORMATION AS THE COUN-
CIL SHALL DEEM RELEVANT.
  3. EXCEPT WHERE OTHERWISE PROHIBITED BY STATE STATUTE  OR  BY  FEDERAL
LAW,  RULE  OR  REQUIREMENT, THE PLAN SHALL BE BINDING UPON MEMBER STATE
AGENCIES, WHICH SHALL PROMULGATE REGULATIONS AND TAKE SUCH OTHER ACTIONS
REQUIRED TO EFFECTUATE THE STATE POLICY AND PLAN.
  4. THE COUNCIL SHALL SELECT AND DESIGNATE REGIONAL NEW YORK CENTERS ON
AUTISM AND RELATED DISABILITIES, HEREINAFTER NYCARD FACILITIES, FOR  THE
PURPOSE  OF IDENTIFYING, DISSEMINATING, AND ASSISTING IN THE IMPLEMENTA-
TION OF EVIDENCE-BASED PRACTICES TO SERVE PATIENTS AND THEIR FAMILIES.
  (A) THE COUNCIL SHALL ESTABLISH CRITERIA FOR THE SELECTION AND  DESIG-
NATION OF NYCARD FACILITIES, WHICH SHALL INCLUDE AN ASSESSMENT OF APPLI-
CANT FACILITIES':
  (1) PARTICIPATION IN TRAINING TEACHERS, PARENTS AND PROFESSIONALS;
  (2) LEVEL OF NON-STATE FINANCIAL ASSISTANCE AVAILABLE TO SUPPORT OPER-
ATIONS;
  (3)  UNDERSTANDING  OF PROGRAM GOALS AND OBJECTIVES ARTICULATED BY THE
COUNCIL;
  (4) PROPOSED GEOGRAPHICAL AREA TO BE SERVED;
  (5) PROPOSED WORK PLAN AND STAFF EXPERTISE;
  (6) RELATIONSHIP WITH ENTITIES OR COMMUNITIES TO BE SERVED,  EVIDENCED
BY  SUCH  FACTORS  AS  REPRESENTATION ON BOARDS OF DIRECTORS OR ADVISORY
COMMITTEES; AND
  (7) SUCH OTHER FACTORS AS THE COUNCIL SHALL DETERMINE.

S. 2150                             5

  (B) THE COUNCIL SHALL DEVELOP A REQUEST FOR PROPOSALS, A  REQUEST  FOR
QUALIFICATIONS,  OR  A  REQUEST  FOR EXPRESSIONS OF INTEREST AS IT DEEMS
APPROPRIATE; AND IT SHALL ACCEPT APPLICATIONS  IN  RESPONSE  FOR  DESIG-
NATION  AS  A NYCARD FACILITY FROM NOT-FOR-PROFIT, ACADEMIC AND RESEARCH
ENTITIES  IN  THE STATE. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE
OF THIS ARTICLE THE COUNCIL SHALL:
  (1) DESIGNATE AS NYCARD FACILITIES: FEDERAL STUDIES TO ADVANCE  AUTISM
RESEARCH  AND  TREATMENT  (STAART)  NETWORK  PROGRAMS LOCATED WITHIN THE
STATE, THE CODY CENTER FOR  AUTISM  AND  DEVELOPMENTAL  DISABILITIES  AT
STONY  BROOK UNIVERSITY, AND THE CENTER FOR AUTISM AND RELATED DISABILI-
TIES AT THE UNIVERSITY AT ALBANY;
  (2) EXPAND CURRENT NYCARD FACILITIES  LOCATED  IN  OR  AROUND  ALBANY,
BUFFALO,  NEW  YORK  CITY, NORTHERN METROPOLITAN NEW YORK AND ROCHESTER;
AND
  (3) CREATE ONE OR MORE NYCARD  FACILITIES  IN  OR  AROUND  BINGHAMTON,
PLATTSBURGH, POTSDAM, POUGHKEEPSIE, SYRACUSE AND SUCH OTHER AREAS AS THE
COUNCIL SHALL DETERMINE.
  (C) NYCARD FACILITIES SHALL PROVIDE TRAINING, REFERRAL AND INFORMATION
FOR  PARENTS, EDUCATORS, MEDICAL PROFESSIONALS AND OTHER SERVICE PROVID-
ERS, INCLUDING;
  (1) INFORMATION AND REFERRAL;
  (2) EDUCATION AND TRAINING;
  (3) TECHNICAL ASSISTANCE AND CONSULTATION;
  (4) PROVISION OF, OR REFERRAL TO, FAMILY SUPPORT GROUPS;
  (5) DISSEMINATION OF EVIDENCE-BASED MODELS OF PRACTICE  FOR  EFFECTIVE
SERVICE DELIVERY; AND
  (6) SUCH OTHER SERVICES AS THE COUNCIL SHALL REQUIRE.
  (D)   WHERE   FEASIBLE,   NYCARD   FACILITIES   SHALL   ALSO   PROVIDE
TREATMENT-BASED SERVICES INCLUDING, BUT NOT LIMITED TO,  CASE  CONSULTA-
TION AND CLINICAL SERVICES.
  (E)  THE  COUNCIL  IS  HEREBY AUTHORIZED TO CONTRACT FOR SERVICES WITH
DESIGNATED NYCARD FACILITIES PURSUANT TO THIS SUBDIVISION AND TO PROVIDE
GRANTS PURSUANT TO SUCH CONTRACTS WITHIN AMOUNTS DESIGNATED SPECIFICALLY
THEREFORE. THE COUNCIL MAY ACT THROUGH ONE OR MORE  MEMBER  STATE  AGEN-
CIES,  WHICH  IT SHALL DESIGNATE BY MAJORITY VOTE, FOR ADMINISTRATION OF
SUCH CONTRACTS AND GRANTS. INSOFAR AS POSSIBLE, WHERE PROVISION OF  SUCH
SERVICES  IS  PAID  FOR,  IN WHOLE OR IN PART, THROUGH A CONTRACT WITH A
STATE AGENCY, THE COST CHARGED TO RECIPIENTS SHALL BE REDUCED PRO  RATA.
CONTRACTS WITH NYCARD FACILITIES SHALL VARY DEPENDING ON THE SERVICES TO
BE  PROVIDED,  AND ANY SUCH CONTRACT SHALL REQUIRE THAT FUNDING PROVIDED
BY, THROUGH OR PURSUANT TO THIS  SUBDIVISION,  NOT  BE  USED  TO  OFFSET
EXISTING EXPENDITURES FOR THE SAME OR SIMILAR PROGRAMS.
  5.  NYCARD  FACILITIES,  AS WELL AS ORGANIZATIONS RECEIVING FEDERAL OR
NON-STATE GRANT FUNDS FOR RESEARCH, MAY RECEIVE GRANTS PURSUANT TO  THIS
SUBDIVISION  FOR  RESEARCH WITHIN AMOUNTS DESIGNATED SPECIFICALLY THERE-
FORE.  THE COUNCIL IS HEREBY AUTHORIZED TO ADMINISTER  SUCH  GRANTS  AND
MAY  ACT THROUGH ONE OR MORE MEMBER STATE AGENCIES WHICH IT SHALL DESIG-
NATE BY MAJORITY VOTE.  SUCH GRANTS MAY ALLOW  FOR  THE  ENHANCEMENT  OF
ACTIVITIES  FUNDED  FROM  SUCH  NON-STATE SOURCES THAT ARE ALREADY BEING
UNDERTAKEN BY SUCH ORGANIZATIONS, INCLUDING: THE CONTINUATION OF ONGOING
RESEARCH; THE PROVISION OF TECHNICAL INFORMATION; GUIDANCE  FOR  PRACTI-
TIONERS  ON    ASD  CARE  STRATEGIES,  THERAPIES,  MEDICATIONS AND OTHER
RELATED  MATTERS;  COLLABORATIONS    WITH  PRACTITIONERS,  SCHOOLS   AND
NETWORKS;  AND  OTHER  ACTIVITIES  THE  COUNCIL  DEEMS APPROPRIATE. SUCH
GRANTS MAY BE USED FOR ANY PURPOSE IN  FURTHERANCE  OF  SUCH  ACTIVITIES
INCLUDING,  WITHOUT  LIMITATION, THE PURCHASE OF EQUIPMENT AND SUPPLIES,

S. 2150                             6

PAYMENT OF SALARIES, OR OTHER ACTIVITIES AND PURPOSES AS APPROVED BY THE
COUNCIL.
  S 4. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S2150A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2954A
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add Art 41-A §§908 - 908-b, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S6880, A10113

S2150A (ACTIVE) - Bill Texts

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Creates the New York autistic spectrum disorders treatment, training and research council and provides for the powers and duties of the council.

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BILL NUMBER:S2150A

TITLE OF BILL:
An act
to amend the executive law, in relation to creating the New York autism
spectrum disorders treatment, training and research council and
providing for the powers and duties of the council

PURPOSE:
This bill would expand and enhance treatment, training and research
programs serving those persons diagnosed with Autism and Autism
Spectrum Disorders (ASDs).

SUMMARY OF PROVISIONS:
Section 1. Intent.

Section 2. Enacting Clause.

Section 3. Amends the Executive Law by adding Article 41-A as follows:
* Section 908. Definitions.
* Section 908-a. Creates the New York Autism and Autism Spectrum
Disorders Treatment, Training and Research Council.
1.
PURPOSES:
(a) To develop a coordinated New York State Policy and Plan with
respect to treatment, training and research;
(b) To review State agency initiatives for consistency with the State
Policy and Plan;
(c) To provide a continuing forum for discussion related to the
development and implementation of the State Policy and Plan; and
(d)To take enumerated steps to expand and coordinate treatment, training
and research.

2.
ORGANIZATION: 28 members
(a) 13 Ex Officio:

* Commissioner of the Department of Health (co-chair)
* Commissioner of the Office of Mental Retardation and
Developmental Disabilities (co-chair)
* Commissioner of the Department of Labor
* Commissioner of the Department of Education
* Commissioner of the Office of Children and Family Services
* Commissioner of the Office of Mental Health
* Commissioner of the Office of Temporary and Disability Assistance
* Superintendent of the Insurance Department
* Chancellor of the State University of New York
* Chancellor of the City University of New York
* Chair of the Council on Children and Families
* Chair of the Commission on Quality of Care and Advocacy
for Persons with Disabilities

* Executive Director of the Disabilities Planning Council
(b) Seven Appointments by the
Governor: Two members must represent not-for-profits
(c) Six Recommendations by the Majority: The President
Pro Tem and the Speaker would each recommend three members
* At least one expert
* At least one family member
(d) Two Recommendations by the Minority:
Senate and Assembly Minority Leaders would each recommend one member
* Section 908-b. Enumerates the functions, powers and duties of the
Council.
1.
COMMUNITY FORUMS: Community forums must be held
every five years-in
various locations throughout the State-to allow patients, family
members, service providers, and expert researchers to contribute to
the State Policy and Plan.
2.
STATE POLICY AND PLAN: The Council must submit an annual
report to the
Governor and Legislature that includes information, findings and
recommendations regarding:
(a) Coordination of services
(b) Early identification and intervention
(c) Lifelong service delivery
(d) Family support
(e) Increased dissemination of information
(f) Coordination of research
(g) Financing training, treatment and research in the State
(h) Statistical analyses
3.
IMPLEMENTATION OF THE STATE POLICY AND PLAN:
Except where prohibited by law, rule or requirement, the State Policy
and Plan is binding upon member state agencies. State agencies must
promulgate regulations and otherwise act to give effect to the State
Policy and Plan.
4.
NYCARD FACILITIES: The Council shall select
and designate regional
New York Centers on Autism and Related Disabilities
(a) The Council must establish criteria for selection and designation
(b) The Council must accept applications from not-for-profit,
academic and research agencies; and within 18 months:
* Designate as NYCARD Facilities:
o Federal Studies to Advance Autism Research and Treatment (STAART)
Network programs located within the State
o Cody Center for Autism and Developmental Disabilities
at Stony Brook University
o Center for Autism and Related Disabilities at the University at Albany
* Expand current NY CARD Facilities located in or around:
o Albany
o Buffalo

o New York City
o Northern Metropolitan New York
o Rochester
o Create one or more NYCARD Facilities in or around:
o Binghamton
o Plattsburgh
o Potsdam
o Poughkeepsie
o Syracuse
(c) NYCARD Facilities must provide training, referral and
information for parents, educators, medical professionals
and other service providers. Where feasible, NYCARD facilities
must also provide treatment based services, including
case consultation and clinical services.
5.
RESEARCH: NYCARD Facilities, as well as
organizations receiving
federal or nonstate grant funds for research, may receive grants for
the enhancement of activities already being undertaken by such
organizations.

JUSTIFICATION:
As noted in section 1 of this bill, Autism and Autism Spectrum
Disorders (ASDs) affect approximately one in every 110 children.
Given the high rate of incidence, which has increased dramatically in
recent years, the
Centers for Disease control and Prevention consider ASDs an "urgent
public health concern."

In its 2010 report, the New York State Interagency Task Force on
Autism (Task Force), identified "five pressing needs" of the growing
population of New Yorkers diagnosed with ASDs: coordination of state
services, early identification, lifelong service delivery, increased
dissemination of information, and coordination of research efforts.

This bill creates a centralized state entity to address the current
and future needs of individuals and families affected by ASDs.
Further, it integrates many of the Task Force's proposals. Finally.
this bill not only provides for more efficient and effective
research, but also allows the council flexibility to adapt to any
information yielded as a result.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None, with the exception of any appropriations made in support of this
measure.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 2150--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  McDONALD,  DeFRANCISCO,  GOLDEN,  JOHNSON, LANZA,
  LARKIN, LAVALLE, MAZIARZ, NOZZOLIO, PARKER -- read twice  and  ordered
  printed,  and when printed to be committed to the Committee on Finance
  -- recommitted to the Committee on Finance 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 executive law, in relation to creating the New  York
  autism spectrum disorders treatment, training and research council and
  providing for the powers and duties of the council

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

  Section 1. Intent. The legislature  hereby  finds  and  declares  that
autism  spectrum  disorders, hereinafter ASDs, currently affect approxi-
mately one in 110 children and are considered to be  an  "urgent  public
health concern" by the Centers for Disease Control and Prevention.
  The  legislature  further  finds that New York state has not responded
sufficiently to this crisis. In its 2010  report,  the  New  York  state
Interagency  Task  Force  on  Autism, hereinafter Task Force, identified
five primary needs of  the  growing  population  of  New  York  citizens
affected  by ASDs: coordination of state services, early identification,
lifelong service delivery, increased dissemination of  information,  and
coordination of research efforts. First, as a collaborative effort of 11
independent state agencies that each serve individuals impacted by ASDs,
the Task Force itself exemplifies the need for coordination of research,
treatment  and  training  responsibilities. Second, while the Task Force
determined that early identification and intervention  were  crucial  to
minimizing  the symptoms and impact of ASDs, it reported that only eight
percent of pediatricians routinely screen for ASDs and approximately  30
percent  of  children  with  ASDs  do not receive the early intervention
services provided by the New York State  Department  of  Health.  Third,
recognizing that the thousands of children diagnosed with ASDs will soon

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01579-02-2

S. 2150--A                          2

age out of the state's educational system, the Task Force noted a dearth
of  post-secondary  training and transitional services. Fourth, the Task
Force determined that individuals and families affected  by  ASDs  would
benefit  from  a  centralized clearinghouse of relevant information, and
called for the provision of user-friendly access  to  such  information.
Finally,  the  Task  Force reported that collaboratively determining the
direction of future ASD research would best utilize available public and
private funding.
  The legislature therefore declares that there  is  a  need  to  expand
treatment,  training  and  research with regard to ASDs -- including the
enhancement of efforts to improve access to, and the efficacy of, needed
services, support and treatment.
  S 2. This act shall be known, and may  be  cited,  as  the  "New  York
autism spectrum disorders treatment, training and research act".
  S 3. The executive law is amended by adding a new article 41-A to read
as follows:
                              ARTICLE 41-A
                   NEW YORK AUTISM SPECTRUM DISORDERS
                TREATMENT, TRAINING AND RESEARCH COUNCIL
SECTION 908. DEFINITIONS.
        908-A.  NEW  YORK  AUTISM SPECTRUM DISORDERS TREATMENT, TRAINING
                 AND RESEARCH COUNCIL; PURPOSE AND ORGANIZATION.
        908-B. FUNCTIONS, POWERS AND DUTIES OF THE COUNCIL.
  S 908. DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1. "AUTISM SPECTRUM DISORDER" OR "ASD" MEANS A NEUROBIOLOGICAL  CONDI-
TION THAT INCLUDES AUTISM, ASPERGER SYNDROME, RETT'S SYNDROME, OR PERVA-
SIVE DEVELOPMENTAL DISORDER;
  2.  "FAMILY" MEANS THE PARENT OR LEGAL GUARDIAN OF AN INDIVIDUAL DIAG-
NOSED WITH AN AUTISM SPECTRUM DISORDER; AND
  3. "PATIENT" MEANS AN INDIVIDUAL DIAGNOSED  WITH  AN  AUTISM  SPECTRUM
DISORDER.
  S  908-A.  NEW  YORK AUTISM SPECTRUM DISORDERS TREATMENT, TRAINING AND
RESEARCH COUNCIL; PURPOSE AND ORGANIZATION. 1. THERE SHALL BE WITHIN THE
EXECUTIVE DEPARTMENT THE NEW YORK AUTISM SPECTRUM  DISORDERS  TREATMENT,
TRAINING AND RESEARCH COUNCIL, HEREINAFTER COUNCIL, WHOSE PURPOSES SHALL
BE TO:
  (A)  DEVELOP  A  COORDINATED  NEW YORK STATE AUTISM SPECTRUM DISORDERS
TREATMENT, TRAINING AND RESEARCH  POLICY  AND  PLAN,  HEREINAFTER  STATE
POLICY  AND  PLAN, WITH RESPECT TO THE PROVISION OF SERVICES TO PATIENTS
AND THEIR FAMILIES;
  (B) REVIEW STATE AGENCY INITIATIVES FOR  THEIR  CONSISTENCY  WITH  THE
STATE POLICY AND PLAN;
  (C)  PROVIDE A CONTINUING FORUM FOR DISCUSSION RELATED TO THE DEVELOP-
MENT AND IMPLEMENTATION OF THE STATE POLICY AND PLAN; AND
  (D) TAKE THE STEPS ENUMERATED HEREIN TO EXPAND AND  COORDINATE  TREAT-
MENT, TRAINING AND RESEARCH.
  2. THE COUNCIL SHALL BE COMPRISED OF TWENTY-EIGHT MEMBERS AS FOLLOWS:
  (A)  THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, THE COMMISSIONER OF
THE DEPARTMENT OF LABOR, THE COMMISSIONER OF THE OFFICE OF CHILDREN  AND
FAMILY  SERVICES, THE COMMISSIONER OF EDUCATION, THE COMMISSIONER OF THE
OFFICE OF MENTAL HEALTH, THE COMMISSIONER OF THE OFFICE FOR PEOPLE  WITH
DEVELOPMENTAL  DISABILITIES, THE COMMISSIONER OF THE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE, THE SUPERINTENDENT OF THE  INSURANCE  DEPART-
MENT, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE CHANCELLOR
OF THE CITY UNIVERSITY OF NEW YORK, THE CHAIR OF THE COUNCIL ON CHILDREN
AND FAMILIES, THE CHAIR OF THE COMMISSION ON QUALITY OF CARE AND ADVOCA-

S. 2150--A                          3

CY  FOR  PERSONS  WITH  DISABILITIES,  AND THE EXECUTIVE DIRECTOR OF THE
DISABILITIES PLANNING COUNCIL, ALL OF WHOM SHALL SERVE  EX  OFFICIO  AND
WHO MAY DESIGNATE REPRESENTATIVES TO ACT ON THEIR BEHALF;
  (B)  SEVEN MEMBERS APPOINTED BY THE GOVERNOR, WHO SHALL POSSESS EXPER-
TISE IN ASDS. AT LEAST TWO  APPOINTEES  SHALL  REPRESENT  NOT-FOR-PROFIT
ENTITIES  WITH  THE  PRIMARY  PURPOSE  OF PROVIDING ACCESS TO EDUCATION,
INFORMATION AND/OR SERVICES RELATED TO THE CARE OF PATIENTS; AND
  (C) EIGHT MEMBERS APPOINTED BY THE GOVERNOR ON THE  RECOMMENDATION  OF
THE LEGISLATIVE LEADERS AS FOLLOWS:
  (1)  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE AND THE SPEAKER OF THE
ASSEMBLY SHALL EACH RECOMMEND THREE MEMBERS TO THE COUNCIL.  THE  TEMPO-
RARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL EACH
RECOMMEND AT LEAST ONE CLINICAL OR RESEARCH EXPERT IN THE FIELD OF  ASDS
AND AT LEAST ONE FAMILY MEMBER OF A PATIENT; AND
  (2)  THE  MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE
ASSEMBLY SHALL EACH RECOMMEND ONE MEMBER TO THE COUNCIL.
  3. VACANCIES IN THE MEMBERSHIP OF THE COUNCIL SHALL BE FILLED  IN  THE
MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
  4.  THE  COMMISSIONER OF THE DEPARTMENT OF HEALTH AND THE COMMISSIONER
OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL SERVE, EX
OFFICIO, AS CO-CHAIRS OF THE COUNCIL. ADMINISTRATIVE DUTIES OF THE COUN-
CIL SHALL BE THE RESPONSIBILITY OF, AND EXECUTED BY, THE  DEPARTMENT  OF
HEALTH  AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES PURSU-
ANT TO AN AGREEMENT EFFECTED BY THE CO-CHAIRS.
  5. MEMBERS OF THE COUNCIL SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
SERVICES BUT SHALL BE REIMBURSED FOR NECESSARY EXPENSES.
  6.  THE  COUNCIL SHALL MEET QUARTERLY, OR MORE FREQUENTLY IF ITS BUSI-
NESS SHALL REQUIRE, PROVIDED THAT THE COMMUNITY FORUMS REQUIRED PURSUANT
TO SECTION NINE HUNDRED EIGHT-B  OF  THIS  ARTICLE  SHALL  CONSTITUTE  A
FORMAL MEETING OF THE COUNCIL.
  S  908-B.  FUNCTIONS,  POWERS  AND DUTIES OF THE COUNCIL. 1. NOT LATER
THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,  THE  COUNCIL
SHALL  CONDUCT  COMMUNITY  FORUMS  TO  GAIN  INPUT FROM PATIENTS, FAMILY
MEMBERS, SERVICE PROVIDERS,  EXPERT  RESEARCHERS  AND  OTHER  INTERESTED
PARTIES CONCERNING THE DEVELOPMENT OF THE STATE POLICY AND PLAN REQUIRED
BY  THIS  SECTION. THE COUNCIL SHALL THEN CONDUCT COMMUNITY FORUMS EVERY
FIVE YEARS, OR MORE FREQUENTLY AS THE COUNCIL SHALL DETERMINE. COMMUNITY
FORUMS SHALL BE CONDUCTED IN OR AROUND ALBANY, BINGHAMTON, BUFFALO, LONG
ISLAND, NEW YORK CITY,  NORTHERN  METROPOLITAN  NEW  YORK,  PLATTSBURGH,
POTSDAM, POUGHKEEPSIE, ROCHESTER, SYRACUSE, AND OTHER AREAS AS THE COUN-
CIL SHALL DETERMINE.
  2.  THE  COUNCIL  SHALL PROVIDE THE INITIAL REPORT OF THE STATE POLICY
AND PLAN REQUIRED BY THIS SECTION TO THE GOVERNOR AND THE LEGISLATURE ON
OR BEFORE FEBRUARY FIRST, TWO THOUSAND THIRTEEN, AND  SHALL  PROVIDE  AN
UPDATE OF SUCH POLICY AND PLAN BY FEBRUARY FIRST OF EVERY YEAR THEREAFT-
ER.  THE  STATE POLICY AND PLAN SHALL INCLUDE COMPREHENSIVE INFORMATION,
FINDINGS AND RECOMMENDATIONS CONCERNING, BUT NOT LIMITED TO, THE FOLLOW-
ING:
  (A) COORDINATION OF SERVICES, INCLUDING: COORDINATING  STATE  SERVICES
AND  PROVIDING  CASE MANAGEMENT; CLARIFYING AND STREAMLINING ELIGIBILITY
AND INTAKE PROCESSES FOR STATE SERVICE SYSTEMS; ADDRESSING THE NEEDS  OF
PATIENTS  WHO  FAIL  TO MEET ELIGIBILITY CRITERIA OF STATE AGENCIES; AND
UNITING PUBLIC AND PRIVATE AGENCIES IN A MANNER  THAT  WILL  BEST  SERVE
PATIENTS  AND  THEIR  FAMILIES.  IN  ASSESSING THE STRENGTHS AND GAPS IN
SERVICES FOR PATIENTS AND THEIR FAMILIES,  THE  STATE  POLICY  AND  PLAN
SHALL INCLUDE EVALUATIONS AND RECOMMENDATIONS BY REGION;

S. 2150--A                          4

  (B)  EARLY  IDENTIFICATION  AND INTERVENTION, INCLUDING: STANDARDIZING
ASD SCREENING PRACTICES; TRAINING EDUCATORS, MEDICAL  PROFESSIONALS  AND
OTHER SERVICE PROVIDERS TO RECOGNIZE AND TREAT ASDS; AND PROMOTING EARLY
CHILDHOOD SCREENING BY PRIMARY CARE PHYSICIANS;
  (C)   LIFELONG   SERVICE  DELIVERY,  INCLUDING:  PROMOTING  ACCESS  TO
EVIDENCE-BASED SERVICES FOR PATIENTS OF ALL AGES; ESTABLISHING TREATMENT
GUIDELINES AND TRAINING PROGRAMS FOR CAREGIVERS;  PROVIDING  RESIDENTIAL
SUPPORTS  TO  ADULT  PATIENTS;  AND IMPLEMENTING EMPLOYMENT TRAINING AND
POST-SCHOOL TRANSITIONAL SERVICES;
  (D) FAMILY SUPPORT, INCLUDING:  EXPANDING  RESPITE  CARE  OPTIONS  AND
IMPLEMENTING OTHER MEANS TO REDUCE STRAIN ON FAMILIES;
  (E)  INCREASED DISSEMINATION OF INFORMATION, INCLUDING: INCREASING ASD
AWARENESS PROGRAMS; DISTRIBUTING BEST PRACTICES  TO  EDUCATORS,  MEDICAL
PROFESSIONALS  AND  OTHER SERVICE PROVIDERS; CONTINUING THE TASK FORCE'S
EFFORTS TO CREATE A CENTRALIZED HUB OF INFORMATION ON ASDS  THROUGH  THE
LAUNCH  OF  AN ONLINE INITIATIVE FOR ADULTS AND CHILDREN ON THE SPECTRUM
(NEW YORK ACTS); AND ENHANCING SUPPORT  FOR  PATIENTS  AND  FAMILIES  IN
NON-ENGLISH SPEAKING COMMUNITIES;
  (F)  COORDINATED  RESEARCH,  INCLUDING:   UTILIZING AVAILABLE RESEARCH
FUNDS IN THE MOST EFFECTIVE AND EFFICIENT  MANNER;  TRANSLATING  RESULTS
INTO  IMPROVED  TREATMENT  PRACTICES; DISTRIBUTING RESULTS TO EDUCATORS,
MEDICAL PROFESSIONALS AND  OTHER  SERVICE  PROVIDERS;  AND  UNITING  ASD
RESEARCHERS IN SEEKING TO ACHIEVE A BETTER UNDERSTANDING OF ASDS;
  (G)  FINANCING  TRAINING, TREATMENT AND RESEARCH IN THE STATE, INCLUD-
ING: MAKING FINANCING MORE EFFICIENT AND EFFECTIVE; STRENGTHENING FAMILY
SERVICES AND SUPPORTS; PROVIDING A SEAMLESS SPECTRUM OF  SERVICES  IRRE-
SPECTIVE  OF  AGENCY  JURISDICTION;  IDENTIFYING  EXISTING AND POTENTIAL
SOURCES OF FUNDING; AND PARTNERING WITH PRIVATE INDIVIDUALS, FOUNDATIONS
AND OTHER ENTITIES; AND
  (H) A STATISTICAL ANALYSIS OF DATA CONCERNING THE PREVALENCE OF AUTISM
IN NEW YORK STATE, BOTH STATEWIDE AND BY REGION; A LISTING OF  AVAILABLE
AND  PROPOSED  PROGRAMS,  AND THEIR AVAILABILITY BY REGION; A LISTING OF
AVAILABLE AND PROPOSED EXPENDITURES, AND THEIR AVAILABILITY BY REGION; A
LISTING OF FINANCIAL RESOURCES AVAILABLE FOR THE PROVISION  OF  SERVICES
TO  PATIENTS AND THEIR FAMILIES; AND SUCH OTHER INFORMATION AS THE COUN-
CIL SHALL DEEM RELEVANT.
  3. EXCEPT WHERE OTHERWISE PROHIBITED BY STATE STATUTE  OR  BY  FEDERAL
LAW,  RULE  OR  REQUIREMENT, THE PLAN SHALL BE BINDING UPON MEMBER STATE
AGENCIES, WHICH SHALL PROMULGATE REGULATIONS AND TAKE SUCH OTHER ACTIONS
REQUIRED TO EFFECTUATE THE STATE POLICY AND PLAN.
  4. THE COUNCIL SHALL SELECT AND DESIGNATE REGIONAL NEW YORK CENTERS ON
AUTISM AND RELATED DISABILITIES, HEREINAFTER NYCARD FACILITIES, FOR  THE
PURPOSE  OF IDENTIFYING, DISSEMINATING, AND ASSISTING IN THE IMPLEMENTA-
TION OF EVIDENCE-BASED PRACTICES TO SERVE PATIENTS AND THEIR FAMILIES.
  (A) THE COUNCIL SHALL ESTABLISH CRITERIA FOR THE SELECTION AND  DESIG-
NATION OF NYCARD FACILITIES, WHICH SHALL INCLUDE AN ASSESSMENT OF APPLI-
CANT FACILITIES':
  (1) PARTICIPATION IN TRAINING TEACHERS, PARENTS AND PROFESSIONALS;
  (2) LEVEL OF NON-STATE FINANCIAL ASSISTANCE AVAILABLE TO SUPPORT OPER-
ATIONS;
  (3)  UNDERSTANDING  OF PROGRAM GOALS AND OBJECTIVES ARTICULATED BY THE
COUNCIL;
  (4) PROPOSED GEOGRAPHICAL AREA TO BE SERVED;
  (5) PROPOSED WORK PLAN AND STAFF EXPERTISE;

S. 2150--A                          5

  (6) RELATIONSHIP WITH ENTITIES OR COMMUNITIES TO BE SERVED,  EVIDENCED
BY  SUCH  FACTORS  AS  REPRESENTATION ON BOARDS OF DIRECTORS OR ADVISORY
COMMITTEES; AND
  (7) SUCH OTHER FACTORS AS THE COUNCIL SHALL DETERMINE.
  (B)  THE  COUNCIL SHALL DEVELOP A REQUEST FOR PROPOSALS, A REQUEST FOR
QUALIFICATIONS, OR A REQUEST FOR EXPRESSIONS OF  INTEREST  AS  IT  DEEMS
APPROPRIATE;  AND  IT  SHALL  ACCEPT APPLICATIONS IN RESPONSE FOR DESIG-
NATION AS A NYCARD FACILITY FROM NOT-FOR-PROFIT, ACADEMIC  AND  RESEARCH
ENTITIES  IN  THE STATE. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE
OF THIS ARTICLE THE COUNCIL SHALL:
  (1) DESIGNATE AS NYCARD FACILITIES: FEDERAL STUDIES TO ADVANCE  AUTISM
RESEARCH  AND  TREATMENT  (STAART)  NETWORK  PROGRAMS LOCATED WITHIN THE
STATE, THE CODY CENTER FOR  AUTISM  AND  DEVELOPMENTAL  DISABILITIES  AT
STONY  BROOK UNIVERSITY, AND THE CENTER FOR AUTISM AND RELATED DISABILI-
TIES AT THE UNIVERSITY AT ALBANY;
  (2) EXPAND CURRENT NYCARD FACILITIES  LOCATED  IN  OR  AROUND  ALBANY,
BUFFALO,  NEW  YORK  CITY, NORTHERN METROPOLITAN NEW YORK AND ROCHESTER;
AND
  (3) CREATE ONE OR MORE NYCARD  FACILITIES  IN  OR  AROUND  BINGHAMTON,
PLATTSBURGH, POTSDAM, POUGHKEEPSIE, SYRACUSE AND SUCH OTHER AREAS AS THE
COUNCIL SHALL DETERMINE.
  (C) NYCARD FACILITIES SHALL PROVIDE TRAINING, REFERRAL AND INFORMATION
FOR  PARENTS, EDUCATORS, MEDICAL PROFESSIONALS AND OTHER SERVICE PROVID-
ERS, INCLUDING;
  (1) INFORMATION AND REFERRAL;
  (2) EDUCATION AND TRAINING;
  (3) TECHNICAL ASSISTANCE AND CONSULTATION;
  (4) PROVISION OF, OR REFERRAL TO, FAMILY SUPPORT GROUPS;
  (5) DISSEMINATION OF EVIDENCE-BASED MODELS OF PRACTICE  FOR  EFFECTIVE
SERVICE DELIVERY; AND
  (6) SUCH OTHER SERVICES AS THE COUNCIL SHALL REQUIRE.
  (D)   WHERE   FEASIBLE,   NYCARD   FACILITIES   SHALL   ALSO   PROVIDE
TREATMENT-BASED SERVICES INCLUDING, BUT NOT LIMITED TO,  CASE  CONSULTA-
TION AND CLINICAL SERVICES.
  (E)  THE  COUNCIL  IS  HEREBY AUTHORIZED TO CONTRACT FOR SERVICES WITH
DESIGNATED NYCARD FACILITIES PURSUANT TO THIS SUBDIVISION AND TO PROVIDE
GRANTS PURSUANT TO SUCH CONTRACTS WITHIN AMOUNTS DESIGNATED SPECIFICALLY
THEREFORE. THE COUNCIL MAY ACT THROUGH ONE OR MORE  MEMBER  STATE  AGEN-
CIES,  WHICH  IT SHALL DESIGNATE BY MAJORITY VOTE, FOR ADMINISTRATION OF
SUCH CONTRACTS AND GRANTS. INSOFAR AS POSSIBLE, WHERE PROVISION OF  SUCH
SERVICES  IS  PAID  FOR,  IN WHOLE OR IN PART, THROUGH A CONTRACT WITH A
STATE AGENCY, THE COST CHARGED TO RECIPIENTS SHALL BE REDUCED PRO  RATA.
CONTRACTS WITH NYCARD FACILITIES SHALL VARY DEPENDING ON THE SERVICES TO
BE  PROVIDED,  AND ANY SUCH CONTRACT SHALL REQUIRE THAT FUNDING PROVIDED
BY, THROUGH OR PURSUANT TO THIS  SUBDIVISION,  NOT  BE  USED  TO  OFFSET
EXISTING EXPENDITURES FOR THE SAME OR SIMILAR PROGRAMS.
  5.  NYCARD  FACILITIES,  AS WELL AS ORGANIZATIONS RECEIVING FEDERAL OR
NON-STATE GRANT FUNDS FOR RESEARCH, MAY RECEIVE GRANTS PURSUANT TO  THIS
SUBDIVISION  FOR  RESEARCH WITHIN AMOUNTS DESIGNATED SPECIFICALLY THERE-
FORE.  THE COUNCIL IS HEREBY AUTHORIZED TO ADMINISTER  SUCH  GRANTS  AND
MAY  ACT THROUGH ONE OR MORE MEMBER STATE AGENCIES WHICH IT SHALL DESIG-
NATE BY MAJORITY VOTE.  SUCH GRANTS MAY ALLOW  FOR  THE  ENHANCEMENT  OF
ACTIVITIES  FUNDED  FROM  SUCH  NON-STATE SOURCES THAT ARE ALREADY BEING
UNDERTAKEN BY SUCH ORGANIZATIONS, INCLUDING: THE CONTINUATION OF ONGOING
RESEARCH; THE PROVISION OF TECHNICAL INFORMATION; GUIDANCE  FOR  PRACTI-
TIONERS  ON    ASD  CARE  STRATEGIES,  THERAPIES,  MEDICATIONS AND OTHER

S. 2150--A                          6

RELATED  MATTERS;  COLLABORATIONS    WITH  PRACTITIONERS,  SCHOOLS   AND
NETWORKS;  AND  OTHER  ACTIVITIES  THE  COUNCIL  DEEMS APPROPRIATE. SUCH
GRANTS MAY BE USED FOR ANY PURPOSE IN  FURTHERANCE  OF  SUCH  ACTIVITIES
INCLUDING,  WITHOUT  LIMITATION, THE PURCHASE OF EQUIPMENT AND SUPPLIES,
PAYMENT OF SALARIES, OR OTHER ACTIVITIES AND PURPOSES AS APPROVED BY THE
COUNCIL.
  S 4. This act shall take effect immediately.

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