senate Bill S5801A

2013-2014 Legislative Session

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

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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 13, 2014 print number 5801a
amend and recommit to mental health and developmental disabilities
Jan 08, 2014 referred to mental health and developmental disabilities
returned to senate
died in assembly
Jun 18, 2013 referred to mental health
delivered to assembly
passed senate
ordered to third reading cal.1471
Jun 15, 2013 referred to rules

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5801 - Bill Details

Current Committee:
Law Section:
Education

S5801 - Bill Texts

view 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.

view 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.

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                    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.

Co-Sponsors

S5801A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education

S5801A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5801A

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: This bill is intended to ensure that all individuals
diagnosed using the Diagnostic and Statistical Manual of Mental
Disorders (DSM-IV TR) and the most recent edition of the Diagnostic
and Statistical Manual of Mental Disorders continue to qualify for
services.

SUMMARY OF PROVISIONS:

Section 1 of the bill is the legislative intent.

Section 2 provides that, notwithstanding any law to the contrary,
"autism" for purposes of the education law and mental hygiene law, and
"autism spectrum disorder" for purposes of the insurance law, shall
include: (1) all persons diagnosed with an autistic disorder,
Asperger's disorder, Retts disorder, childhood disintegrative
disorder, or pervasive developmental disorder not otherwise specified
(PDD-NOS) using the fourth edition text revision of the Diagnostic and
Statistical Manual of Mental Disorders (DSM-IV TR), and (2) all
persons diagnosed with an autism spectrum disorder diagnosed using the
most recent edition of the Diagnostic and Statistical Manual of Mental
Disorders.

Section 3 is the effective date.

JUSTIFICATION: During the transition from DSM-IV to the most recent
edition of the Diagnostic and Statistical Manual of Mental Disorders,
DSM-V, it is critical that individuals qualify for services if
diagnosed using DSM-IV and DSM-V.

Due to the fact that one in fifty children have a diagnosis on the
autism spectrum and the importance of early and appropriate treatment,
it is essential to ensure the continuity of benefits and services for
individuals who qualify under DSM-IV and DSM-V. It is also essential
that all those diagnosed during this transition period have the
benefit of services under both to ensure that all with developmental
disabilities are provided appropriate services.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Negligible.

EFFECTIVE DATE: The act shall take effect immediately and shall
expire and be deemed repealed three years such effective date.

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

                                 5801--A

                       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  --  recom-
  mitted  to  the Committee on Mental Health and Developmental Disabili-
  ties in accordance with Senate Rule 6, sec. 8 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11529-06-4

S. 5801--A                          2

  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
include: (1) an autistic disorder, Asperger's disorder, Rett's disorder,
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);  and (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.

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