NY State Senate Bill S1578B

Archive: Last Bill Status Via A299 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2022	signed chap.733
Dec 12, 2022	delivered to governor
Feb 08, 2022	returned to assembly passed senate 3rd reading cal.113 substituted for s1578b
Feb 08, 2022	substituted by a299b
Jan 31, 2022	amended on third reading 1578b
Jan 18, 2022	advanced to third reading
Jan 12, 2022	2nd report cal.
Jan 11, 2022	1st report cal.113
Jan 05, 2022	referred to health returned to senate died in assembly
May 19, 2021	ordered to third reading cal.338 substituted for a299a
Mar 08, 2021	referred to ways and means delivered to assembly passed senate
Feb 01, 2021	advanced to third reading amended (t) 1578a
Jan 26, 2021	2nd report cal.
Jan 25, 2021	1st report cal.149
Jan 13, 2021	referred to health

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S1578 - Details

See Assembly Version of this Bill:: A299
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8953, A11073
2019-2020: S1821, A2802

S1578 - Summary

Includes applied behavioral analysis provided by a licensed behavior analyst or certified behavior analyst assistant under standard coverage for Medicaid recipients.

S1578 - Sponsor Memo

 
BILL NUMBER: S1578

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to including
applied behavioral analysis for treatment of autism spectrum disorder
under standard coverage for Medicaid recipients

 
PURPOSE:

To amend the Social Services Law in relation to providing Medicaid bene-
ficiaries who have autism spectrum disorder access to applied behavior
analysis services, comparable to commercial insurance coverage.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 2 of section 365-a of the
social services law by adding a new paragraph (ff), which adds coverage
of applied behavior analysis for the treatment of autism spectrum disor-
der to the standard Medicaid benefits.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

Although applied behavior analysis (ABA) for the treatment of autism
spectrum disorder (ASD) was added-to New York commercial insurance
coverage requirements in 2011, it is still not a covered benefit for the
thousands of New Yorkers who rely on Medicaid for health insurance. This
means that children with treatable conditions are denied the vital care
they need to achieve significant improvements in behavior that can have
a great impact on both the children and their families. This bill would
correct that omission.

ABA is the design, implementation and evaluation of modifications to
produce socially significant improvements in human behavior. ABA inter-
ventions are supported by scientific evidence as medically necessary for
people with ASD, and are covered based on a written prescription from a
physician or psychologist who states that such services are medically
necessary to develop, maintain, or restore the functioning of an indi-
vidual with a diagnosis of ASD.

In May of 2018, the Centers for Disease Control and Prevention released
an update of autism's estimated prevalence amongst the nation's chil-
dren. One key finding stated that 1 in 59 children had a diagnosis of
autism spectrum disorder by the age of 8 in 2014, a 15% increase from
2012, when the number was 1 in 68.

Most states cover ABA in their Medicaid programs. New York, a leader in
so many ways have fallen behind. This bill would correct that injustice
and enable access to this lifesaving service.

 
LEGISLATIVE HISTORY:

2019-2020: S1890A/A2798A Gottfried

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment,
and/or appeal of any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such effective date.

S1578 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1578
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sens. RIVERA, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health
 
 AN ACT to amend the  social  services  law,  in  relation  to  including
   applied  behavioral analysis for treatment of autism spectrum disorder
   under standard coverage for Medicaid recipients

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding a new paragraph (gg) to read as follows:
   (GG) APPLIED BEHAVIOR ANALYSIS, AS  DEFINED  IN  SECTION  EIGHTY-EIGHT
 HUNDRED  ONE  OF  THE EDUCATION LAW, WHERE SUCH SERVICE IS PROVIDED BY A
 LICENSED BEHAVIOR  ANALYST  OR  CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT,
 LICENSED  OR  CERTIFIED  UNDER  ARTICLE  ONE  HUNDRED SIXTY-SEVEN OF THE
 EDUCATION LAW, FOR THE TREATMENT OF AUTISM SPECTRUM DISORDER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment,  and/or repeal of any rules and regulations necessary to implement
 the provisions of this act on its  effective  date  are  authorized  and
 directed to be completed on or before such effective date.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00231-01-1

Co-Sponsors

S1578A - Details

See Assembly Version of this Bill:: A299
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8953, A11073
2019-2020: S1821, A2802

S1578A - Summary

Includes applied behavioral analysis provided by a licensed behavior analyst or certified behavior analyst assistant under standard coverage for Medicaid recipients.

S1578A - Sponsor Memo

 
BILL NUMBER: S1578A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to including
applied behavioral analysis under standard coverage for Medicaid recipi-
ents

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide Medicaid beneficiaries access to applied behavior analysis
services, comparable to commercial insurance coverage.

 
SUMMARY OF PROVISIONS:

Section 1 adds paragraph (ff) to subdivision 2 of section 365-a of the
social services law, adding coverage of applied behavior analysis to the
standard Medicaid benefits.

Section 2 is the effective date. This act shall take effect on the one

hundred eightieth day after it shall have become a law. Effective imme-
diately, the commissioner of health shall make regulations and take
other actions reasonably necessary to implement this act on that date.

 
JUSTIFICATION:

Applied behavior analysis (ABA) was added to New York commercial insur-
ance coverage requirements in 2011, but it is still not included in the
Social Services Law for the Medicaid program. Although the Legislature
and Executive agreed to add the benefit administratively in 2019, this
language must be added to the statute in order to guarantee the thou-
sands of New Yorkers who would qualify for this service and rely on
Medicaid for health insurance the same access as those who have commer-
cial coverage.

ABA is the design, implementation and evaluation of modifications to
produce socially significant improvements in human behavior. ABA inter-
ventions are supported by scientific evidence as medically necessary for
people with autism spectrum disorder (ASD), and they are covered based
on a written prescription from a physician or psychologist who states
that those services are medically necessary to develop, maintain, or
restore the functioning of the individual.

As outlined in a July 7, 2014, Centers for Medicare and Medicaid (CMS)
bulletin, states are obligated under section 1905(a)(4)(B) of the Social
Security Act to provide Early and Periodic Screening, Diagnostic and
Treatment (EPSDT) benefits for children and must cover all medically
necessary services, including applied behavioral analysis, to correct or
ameliorate defects and physical and mental illnesses or conditions. This
bill will bring New York in line with the rest of the country and make
it clear that ABA services will be a covered benefit under the Medicaid
program when provided by persons licensed, certified, exempt, or other-
wise authorized under Article 167 of the Education Law, which is the
same language in the commercial insurance requirement and includes
certain unlicensed individuals participating in the delivery of ABA
services as part of a multidisciplinary team.


As the number of children who need ABA services rises, New York must
ensure that our most vulnerable have access to these lifesaving services
now and in the future.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: S8953 Hannon

2019-2020: S1821 Passed Senate 2019

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:;

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the commissioner of
health shall make regulations and take other actions reasonably neces-
sary to implement this act on that date.

S1578A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1578--A
     Cal. No. 149
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sens. RIVERA, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Health  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   amended on second report, ordered  to  a  third  reading,  and  to  be
   reprinted  as amended, retaining its place in the order of third read-
   ing
 
 AN ACT to amend the  social  services  law,  in  relation  to  including
   applied  behavioral  analysis  under  standard  coverage  for Medicaid
   recipients
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding a new paragraph (gg) to read as follows:
   (GG) APPLIED BEHAVIOR ANALYSIS, UNDER ARTICLE ONE HUNDRED  SIXTY-SEVEN
 OF  THE  EDUCATION  LAW,  PROVIDED  BY  A PERSON LICENSED, CERTIFIED, OR
 OTHERWISE AUTHORIZED TO PROVIDE APPLIED  BEHAVIOR  ANALYSIS  UNDER  THAT
 ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law. Effective immediately, the commissioner of
 health shall make regulations and take other actions  reasonably  neces-
 sary to implement this act on that date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00231-03-1

Co-Sponsors

S1578B (ACTIVE) - Details

See Assembly Version of this Bill:: A299
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8953, A11073
2019-2020: S1821, A2802

S1578B (ACTIVE) - Summary

Includes applied behavioral analysis provided by a licensed behavior analyst or certified behavior analyst assistant under standard coverage for Medicaid recipients.

S1578B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1578B

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to including
applied behavioral analysis under standard coverage for Medicaid recipi-
ents

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide Medicaid beneficiaries access to applied behavior analysis
services, comparable to commercial insurance coverage.

 
SUMMARY OF PROVISIONS:

Section 1 adds paragraph (jj) to subdivision 2 of section 365-a of the
social services law, adding coverage of applied behavior analysis to the
standard Medicaid benefits.

Section 2 is the effective date. This act shall take effect on the one
hundred eightieth day after it shall have become a law. Effective imme-

diately, the commissioner of health shall make regulations and take
other actions reasonably necessary to implement this act on that date.

 
JUSTIFICATION:

Applied behavior analysis (ABA) was added to New York commercial insur-
ance coverage requirements in 2011, but it is still not included in the
Social Services Law for the Medicaid program. Although the Legislature
and Executive agreed to add the benefit administratively in 2019, this
language must be added to the statute in order to guarantee the thou-
sands of New Yorkers who would qualify for this service and rely on
Medicaid for health insurance the same access as those who have commer-
cial coverage.

ABA is the design, implementation and evaluation of modifications to
produce socially significant improvements in human behavior. ABA inter-
ventions are supported by scientific evidence as medically necessary for
people with autism spectrum disorder (ASD), and they are covered based
on a written prescription from a physician or psychologist who states
that those services are medically necessary to develop, maintain, or
restore the functioning of the individual.

As outlined in a July 7, 2014, Centers for Medicare and Medicaid (CMS)
bulletin, states are obligated under section 1905(a)(4)(B) of the Social
Security Act to provide Early and Periodic Screening, Diagnostic and
Treatment (EPSDT) benefits for children and must cover all medically
necessary services, including applied behavioral analysis, to correct or
ameliorate defects and physical and mental illnesses or conditions. This
bill will bring New York in line with the rest of the country and make
it clear that ABA services will be a covered benefit under the Medicaid
program when provided by persons licensed, certified, exempt, or other-
wise authorized under Article 167 of the Education Law, which is the
same language in the commercial insurance requirement and includes
certain unlicensed individuals participating in the delivery of ABA
services as part of a multidisciplinary team.


As the number of children who need ABA services rises, New York must
ensure that our most vulnerable have access to these lifesaving services
now and in the future.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: S8953 Hannon

2019-2020: S1821 Passed Senate 2019

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the commissioner of
health shall make regulations and take other actions reasonably neces-
sary to implement this act on that date.

S1578B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1578--B
     Cal. No. 113
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA,  ADDABBO,  MANNION, MAY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health -- reported favorably from said committee, ordered to first and
   second  report,  amended on second report, ordered to a third reading,
   and to be reprinted as amended, retaining its place in  the  order  of
   third  reading -- recommitted to the Committee on Health in accordance
   with Senate Rule 6, sec. 8 -- reported favorably from said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to  amend  the  social  services  law, in relation to including
   applied behavioral  analysis  under  standard  coverage  for  Medicaid
   recipients
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 365-a of the social  services  law
 is amended by adding a new paragraph (jj) to read as follows:
   (JJ)  APPLIED BEHAVIOR ANALYSIS, UNDER ARTICLE ONE HUNDRED SIXTY-SEVEN
 OF THE EDUCATION LAW, PROVIDED  BY  A  PERSON  LICENSED,  CERTIFIED,  OR
 OTHERWISE  AUTHORIZED  TO  PROVIDE  APPLIED BEHAVIOR ANALYSIS UNDER THAT
 ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the  commissioner  of
 health  shall  make regulations and take other actions reasonably neces-
 sary to implement this act on that date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00231-04-1

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The New York State Senate

senate Bill S1578B

Sponsored By

Archive: Last Bill Status Via A299 - Signed by Governor

Your Voice

Actions

Votes

Feb 8, 2022 - floor Vote

Floor Vote: Feb 8, 2022

Jan 11, 2022 - Health committee Vote

Committee Vote: Jan 11, 2022

Mar 8, 2021 - floor Vote

Floor Vote: Mar 8, 2021

Jan 25, 2021 - Health committee Vote

Committee Vote: Jan 25, 2021

Bill Amendments

Co-Sponsors

S1578 - Details

S1578 - Summary

S1578 - Sponsor Memo

S1578 - Bill Text download pdf

Co-Sponsors

S1578A - Details

S1578A - Summary

S1578A - Sponsor Memo

S1578A - Bill Text download pdf

Co-Sponsors

S1578B (ACTIVE) - Details

S1578B (ACTIVE) - Summary

S1578B (ACTIVE) - Sponsor Memo

S1578B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1578B

Share this bill

Sponsored By

Archive: Last Bill Status Via A299 - Signed by Governor

Your Voice

Actions

Votes

Feb 8, 2022 - floor Vote

Floor Vote: Feb 8, 2022

Jan 11, 2022 - Health committee Vote

Committee Vote: Jan 11, 2022

Mar 8, 2021 - floor Vote

Floor Vote: Mar 8, 2021

Jan 25, 2021 - Health committee Vote

Committee Vote: Jan 25, 2021

Bill Amendments

Co-Sponsors

S1578 - Details

S1578 - Summary

S1578 - Sponsor Memo

S1578 - Bill Text download pdf

Co-Sponsors

S1578A - Details

S1578A - Summary

S1578A - Sponsor Memo

S1578A - Bill Text download pdf

Co-Sponsors

S1578B (ACTIVE) - Details

S1578B (ACTIVE) - Summary

S1578B (ACTIVE) - Sponsor Memo

S1578B (ACTIVE) - Bill Text download pdf

Comments