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

                                   435

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ABINANTI, ORTIZ, CURRAN, STIRPE, COLTON, GUNTHER,
  ABBATE,  TITUS,  PRETLOW,  MOYA,  CRESPO,  ZEBROWSKI,  TITONE, JAFFEE,
  CAHILL, WEPRIN, ENGLEBRIGHT, LAVINE, CUSICK, MARKEY, ROBERTS,  KEARNS,
  SIMANOWITZ,  BARRETT, QUART, RODRIGUEZ, SCHIMEL, SANTABARBARA, CAMARA,
  BENEDETTO, BRINDISI, SKOUFIS, MILLER, COOK, CORWIN, ROSENTHAL, OTIS --
  Multi-Sponsored by -- M. of  A.  ARROYO,  BARCLAY,  BORELLI,  BRENNAN,
  CROUCH,  CYMBROWITZ,  DUPREY,  GRAF,  HOOPER,  JOHNS, KATZ, McDONOUGH,
  McKEVITT,  McLAUGHLIN,  MONTESANO,  O'DONNELL,  PAULIN,  PERRY,  RAIA,
  SCHIMMINGER, SKARTADOS, STEC, THIELE, WALTER -- read once and referred
  to the Committee on Mental Health

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  who  would  benefit  from
treatment.  Therefore,  the  legislature  finds  it appropriate to enact
measures preserving the existing rights and entitlements of those  diag-
nosed  with  pervasive  developmental disorders using the fourth edition
text revision of the Diagnostic and Statistical Manual of Mental  Disor-
ders  (DSM-IV TR) and provide the same rights to diagnosis and treatment

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

                                                           LBD03403-01-5

A. 435                              2

to those similarly situated in the future as the medical community tran-
sitions to criteria implemented by the fifth edition (DSM-5). The legis-
lature finds that in addition to ensuring continued benefits  and  state
services  it  is  important 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
include: (1) all persons diagnosed with an autistic disorder, Asperger's
disorder,  Rett's disorder, childhood disintegrative disorder, or perva-
sive 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.
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed three years after such effective date.