Bill Text: NY A01400 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Develops comprehensive assessment centers for autism spectrum disorders; provides grants for their development and lays out reporting and research requirements.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Introduced - Dead) 2014-01-30 - print number 1400a [A01400 Detail]

Download: New_York-2013-A01400-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1400
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. GUNTHER, GOTTFRIED -- read once and referred to
         the Committee on Health
       AN ACT to amend the public health law, in relation to the development of
         comprehensive autism assessment centers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 1 of section 2801 of the public health law, as
    2  separately amended by chapters 297 and 416  of  the  laws  of  1983,  is
    3  amended to read as follows:
    4    1.  "Hospital"  means a facility or institution engaged principally in
    5  providing services by or under the supervision of a physician or, in the
    6  case of a dental clinic or dental dispensary,  of  a  dentist,  for  the
    7  prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
    8  deformity or physical condition, including, but not limited to, a gener-
    9  al hospital, public health center, diagnostic center, treatment  center,
   10  dental  clinic,  dental  dispensary,  rehabilitation center other than a
   11  facility used solely for vocational rehabilitation, nursing home, tuber-
   12  culosis hospital, chronic disease hospital, maternity  hospital,  lying-
   13  in-asylum,  out-patient  department, out-patient lodge, dispensary and a
   14  laboratory or central service facility serving one or more  such  insti-
   15  tutions, A COMPREHENSIVE AUTISM ASSESSMENT CENTER, but the term hospital
   16  shall  not  include an institution, sanitarium or other facility engaged
   17  principally in providing  services  for  the  prevention,  diagnosis  or
   18  treatment  of  mental  disability  and which is subject to the powers of
   19  visitation, examination, inspection and investigation of the  department
   20  of  mental  hygiene  except  for those distinct parts of such a facility
   21  which provide hospital service. The provisions of this article shall not
   22  apply to a facility or  institution  engaged  principally  in  providing
   23  services by or under the supervision of the bona fide members and adher-
   24  ents  of  a  recognized  religious  organization whose teachings include
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02979-01-3
       A. 1400                             2
    1  reliance on spiritual means through prayer  alone  for  healing  in  the
    2  practice  of  the  religion  of such organization and where services are
    3  provided in accordance with those teachings.
    4    S  2. Section 2801 of the public health law is amended by adding a new
    5  subdivision 11 to read as follows:
    6    11. "COMPREHENSIVE AUTISM ASSESSMENT  CENTER"  MEANS  A  COMPREHENSIVE
    7  AUTISM  ASSESSMENT CENTER UNDER SECTION TWENTY-EIGHT HUNDRED TWENTY-FOUR
    8  OF THIS ARTICLE.
    9    S 3. The public health law is amended by adding a new section 2824  to
   10  read as follows:
   11    S  2824. COMPREHENSIVE AUTISM ASSESSMENT CENTERS.  1. DEFINITIONS. FOR
   12  THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
   13  WISE:
   14    (A) "AUTISM SPECTRUM DISORDER" MEANS ANY OF A GROUP  OF  NEURODEVELOP-
   15  MENTAL  DISORDERS  INCLUDING: AUTISM; PERVASIVE DEVELOPMENTAL DISORDER -
   16  NOT OTHERWISE SPECIFIED (PDD-NOS); RETT'S SYNDROME; ASPERGER'S DISORDER;
   17  AND CHILDHOOD DISINTEGRATIVE DISORDER.  AUTISM  SPECTRUM  DISORDERS  MAY
   18  INCLUDE  CHARACTERISTICS  SUCH  AS LANGUAGE DISTURBANCE, SOCIAL DISTURB-
   19  ANCE, AND RESTRICTIVE AND REPETITIVE  PATTERNS  OF  PLAY  WITH  A  RIGID
   20  ADHERENCE  TO  SAMENESS.  ADDITIONAL  CO-OCCURRING  IMPAIRMENTS IN THOSE
   21  SEVERELY AFFECTED MAY INCLUDE SENSORY PROBLEMS SUCH AS  AUDITORY  HYPER-
   22  SENSITIVITY,  TEMPERATURE REGULATION ISSUES, SEIZURE DISORDERS, ABNORMAL
   23  PAIN THRESHOLD, GASTROINTESTINAL PROBLEMS,  AND  PSYCHIATRIC  CONDITIONS
   24  SUCH AS OBSESSIVE COMPULSIVE DISORDER, DEPRESSION AND ANXIETY.
   25    (B)  "COMPREHENSIVE  AUTISM  ASSESSMENT  CENTER"  OR  "CENTER" MEANS A
   26  CENTER DESIGNATED BY THE COMMISSIONER UNDER THIS SECTION.
   27    2.  COMPREHENSIVE  AUTISM  ASSESSMENT  CENTERS  ESTABLISHED.  (A)  THE
   28  COMMISSIONER  SHALL FACILITATE THE DEVELOPMENT AND ESTABLISHMENT OF, AND
   29  DESIGNATE, FOUR COMPREHENSIVE CENTERS FOR  THE  ASSESSMENT  OF  CHILDREN
   30  PRIMARILY  BETWEEN  THE  AGES OF FIVE AND EIGHTEEN DIAGNOSED WITH AUTISM
   31  SPECTRUM DISORDERS AND  DEVELOPMENT  OF  APPROPRIATE  SHORT-TERM  INTER-
   32  VENTIONS AND INDIVIDUAL TREATMENT PLANS WHICH ARE DESIGNED TO MANAGE AND
   33  IMPROVE  FUNCTIONING.  THE  COMMISSIONER  SHALL ESTABLISH PROCEDURES AND
   34  CRITERIA FOR THE  DESIGNATION  OF  SUCH  CENTERS  CONSISTENT  WITH  THIS
   35  SECTION.
   36    (B)  THE  CENTERS  SHALL  UTILIZE  AN  ARRAY  OF DISCIPLINES WHICH MAY
   37  INCLUDE BUT NOT BE LIMITED TO: PHYSICAL, MEDICAL AND PSYCHIATRIC; NEURO-
   38  BEHAVIORAL; NUTRITION; GASTROENTEROLOGY; MOTOR AND FITNESS; SLEEP ANALY-
   39  SIS; COMMUNICATION AND SOCIAL; AND PSYCHO-EDUCATIONAL. SERVICES PROVIDED
   40  BY THE CENTERS MAY INCLUDE BUT NOT BE LIMITED TO  THE  FOLLOWING  COMPO-
   41  NENTS:
   42    (I)  INTENSIVE  ASSESSMENT SERVICES, INCLUDING INTEGRATED, INTERDISCI-
   43  PLINARY ANALYSIS OF A RESIDENT'S FUNCTIONAL CHARACTERISTICS AND DISABIL-
   44  ITIES. UTILIZING A COMPREHENSIVE FRAMEWORK SUCH AS INTERNATIONAL CLASSI-
   45  FICATION  OF  FUNCTIONING  DISABILITY  AND  HEALTH-CHILDREN  AND   YOUTH
   46  (ICF-CY)(WORLD  HEALTH ORGANIZATION 2007), CENTERS SHALL COMPREHENSIVELY
   47  ASSESS THE RANGE OF FUNCTIONING AND DEVELOPMENT OF CHILDREN WITH  AUTISM
   48  SPECTRUM DISORDERS INCLUDING BUT NOT LIMITED TO: COMMUNICATION; SOCIALI-
   49  ZATION; GENERAL, BEHAVIORAL, NEUROLOGICAL, PSYCHIATRIC, BODY AND MEDICAL
   50  FUNCTIONING; CHILD-ENVIRONMENTAL INTERACTIONS; ACTIVITY LIMITATIONS; AND
   51  PARTICIPATION RESTRICTIONS.
   52    (II)  DEVELOPMENT OF APPROPRIATE SHORT-TERM INTERVENTIONS AND INDIVID-
   53  UAL TREATMENT PLANS WHICH ARE DESIGNED TO MANAGE AND IMPROVE FUNCTIONING
   54  FOR THE CHILDREN ASSESSED BY THE CENTER.
   55    (III) RESIDENTIAL SERVICES THAT PROVIDE SHORT-TERM RESIDENTIAL SUPPORT
   56  FOR CHILDREN ADMITTED TO THE CENTER WHO REQUIRE A  SHORT  STAY  FOR  THE
       A. 1400                             3
    1  PERIOD IN WHICH THE ASSESSMENT IS CONDUCTED. THESE SERVICES ARE INTENDED
    2  TO  PROVIDE  SUPPORT  FOR  THE  ASSESSMENT  ACTIVITIES AND ARE NOT TO BE
    3  LONG-TERM NOR ARE THEY TO BE PROVIDED IN A GENERAL HOSPITAL  OR  NURSING
    4  HOME  AS  DEFINED IN THIS ARTICLE NOR IN THE CAPACITY OF PERMANENT HOUS-
    5  ING.
    6    (IV) EDUCATIONAL SERVICES APPROVED BY THE STATE EDUCATION  DEPARTMENT.
    7  SUCH  EDUCATION  SERVICES  PROVIDED SHALL BE CONSISTENT WITH THE CHILD'S
    8  HOME SCHOOL DISTRICT'S CURRICULUM  AND  THE  EDUCATIONAL  NEEDS  OF  THE
    9  CHILD, AND APPROPRIATE TO THE CHILD'S SHORT-TERM STAY IN THE CENTER. THE
   10  CENTER SHALL CONSULT WITH THE CHILD'S HOME SCHOOL DISTRICT TO DEVELOP AN
   11  APPROPRIATE EDUCATIONAL PLAN.
   12    (V)  MEDICAL  CLINICAL  SERVICES.  EACH CENTER SHALL HAVE THE CAPACITY
   13  ON-SITE OR READILY ACCESSIBLE TO PROVIDE FOR THE RESIDENT'S MEDICAL  AND
   14  CLINICAL  NEEDS.  THESE  SERVICES  SHALL BE AVAILABLE TO PROVIDE MEDICAL
   15  SERVICES TO ADDRESS GENERAL, CHRONIC AND ONGOING MEDICAL CONDITIONS.
   16    3. GRANTS FOR DEVELOPMENT OF COMPREHENSIVE AUTISM ASSESSMENT  CENTERS.
   17  WITHIN  AMOUNTS  APPROPRIATED,  THE  COMMISSIONER SHALL PROVIDE FUNDING,
   18  PURSUANT TO A REQUEST FOR  PROPOSALS,  TO  AID  IN  THE  DEVELOPMENT  OF
   19  COMPREHENSIVE AUTISM ASSESSMENT CENTERS.
   20    4.  REPORTING/RESEARCH  REQUIREMENTS.  (A)  EACH  RECIPIENT OF FUNDING
   21  PURSUANT TO THIS SECTION SHALL PROVIDE  THE  FOLLOWING  INFORMATION  AND
   22  SUCH  OTHER  INFORMATION  AS  THE DEPARTMENT MAY REASONABLY REQUIRE WITH
   23  RESPECT TO THE CENTER TO THE DEPARTMENT, ANNUALLY  AS  REQUIRED  BY  THE
   24  DEPARTMENT:
   25    (I)  THE ANNUAL NUMBER OF CHILDREN RECEIVING SERVICES PURSUANT TO THIS
   26  SECTION;
   27    (II) THE AVERAGE LENGTH OF STAY OF THOSE CHILDREN WHO RECEIVE SERVICES
   28  AT THE CENTER; AND
   29    (III) THE TYPE OF PROGRAMS AND INTERVENTIONS THAT CHILDREN RECEIVED.
   30    (B) THE DEPARTMENT SHALL ANNUALLY COMPILE SUCH REPORTS ON THE CENTERS'
   31  ACTIVITIES AND FINDINGS AND ANNUALLY REPORT ON THE CENTERS TO THE GOVER-
   32  NOR AND LEGISLATURE.
   33    (C) THE COMMISSIONER SHALL ASSIST IN AND ENCOURAGE THE DEVELOPMENT  OF
   34  RESEARCH  COLLABORATIONS  BETWEEN  THE CENTERS AND RELEVANT STATE AGENCY
   35  FACILITIES, COLLEGES AND UNIVERSITIES AND,  WHERE  APPROPRIATE,  PRIVATE
   36  RESEARCH ENTITIES.
   37    S 4. This act shall take effect immediately.