S6169-2011 Actions

• Jan 9, 2012: REFERRED TO HEALTH

S6169-2011 Memo

BILL NUMBER:S6169

TITLE OF BILL:
An act
to amend the public health law, in relation to the development of
comprehensive
autism
assessment centers

PURPOSE:
This legislation would provide for the establishment of four
Comprehensive Autism Assessment Centers that are designed to ensure
that children with Autism Spectrum Disorders will receive a
comprehensive assessment that will lead to the development of more
effective interventions.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the Subdivision 1 of section 2801 of the
Public Health Law by adding "a comprehensive autism assessment
center" to the definition of "Hospital."

Section 2 adds a new subdivision 11 to Section 2801 of the public
health law referring to the definition of a Comprehensive Autism
Assessment Center.

Section 3 adds a new section 2823 to the public health law defining
Comprehensive Autism Assessment Centers and sets forth the
programmatic components that these Centers shall contain including:

*Intensive Assessment Services including integrated, interdisciplinary
analysis of a child's functional characteristics and disabilities;

*Residential services that will provide short-term residential
services for children who require a short stay for the period in
which the assessment is conducted;

*Educational services that are provided to ensure children continue
receiving daily academic programming consistent with the child's home
school district; and

*Medical services to address the child's medical needs including their
general and chronic needs as well as those services that may be
needed on an emergency basis. These medical services shall also be
utilized in the assessment of the child's condition and development
of the appropriate treatment plan.

Section 4 - This act shall take effect immediately.

JUSTIFICATION:
The number of children diagnosed with Autism Spectrum Disorders and
other complex developmental disabilities is increasing dramatically.

Due to the many complexities that these disorders present, these
children require intensive assessments that can provide the necessary
information upon which an appropriate treatment plan can be
developed. At this time, there does not exist Centers that can
provide the comprehensive level of assessment that is necessary. This
legislation will allow for the establishment of these four Centers
which will meet this objective.

LEGISLATIVE HISTORY:
2009-2010: A.8906 Died Assembly Ways and Means/S.6626 Died
in Senate Health

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately.

S6169-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6169
 I N  SENATE
 January 9, 2012
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
 printed to be committed 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:

 

Section  1. Subdivision 1 of section 2801 of the public health law, as
 separately amended by chapters 297 and 416  of  the  laws  of  1983,  is
 amended to read as follows:

 1.  "Hospital"  means a facility or institution engaged principally in
 providing services by or under the supervision of a physician or, in the
 case of a dental clinic or dental dispensary,  of  a  dentist,  for  the
 prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
 deformity or physical condition, including, but not limited to, a gener
 al hospital, public health center, diagnostic center, treatment  center,
 dental  clinic,  dental  dispensary,  rehabilitation center other than a
 facility used solely for vocational rehabilitation, nursing home, tuber
 culosis hospital, chronic disease hospital, maternity  hospital,  lying
 in-asylum,  out-patient  department, out-patient lodge, dispensary and a
 laboratory or central service facility serving one or more  such  insti
 tutions, A COMPREHENSIVE AUTISM ASSESSMENT CENTER, but the term hospital
 shall  not  include an institution, sanitarium or other facility engaged
 principally in providing  services  for  the  prevention,  diagnosis  or
 treatment  of  mental  disability  and which is subject to the powers of
 visitation, examination, inspection and investigation of the  department
 of  mental  hygiene  except  for those distinct parts of such a facility
 which provide hospital service. The provisions of this article shall not
 apply to a facility or  institution  engaged  principally  in  providing
 services by or under the supervision of the bona fide members and adher
 ents  of  a  recognized  religious  organization whose teachings include
 reliance on spiritual means through prayer  alone  for  healing  in  the
 practice  of  the  religion  of such organization and where services are
 provided in accordance with those teachings.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02325-03-2
 
       S. 6169                             2
 

S 2.

Section 2801 of the public health law is amended by adding a  new
 subdivision 11 to read as follows:

 11.  "COMPREHENSIVE  AUTISM  ASSESSMENT  CENTER" MEANS A COMPREHENSIVE
 AUTISM ASSESSMENT CENTER UNDER SECTION TWENTY-EIGHT HUNDRED TWENTY-THREE
 OF THIS ARTICLE.
 

S 3. The public health law is amended by adding a new section 2823  to
 read as follows:

 

S  2823. COMPREHENSIVE AUTISM ASSESSMENT CENTERS.  1. DEFINITIONS. FOR
 THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER
 WISE:

 (A) "AUTISM SPECTRUM DISORDER" MEANS ANY OF A GROUP  OF  NEURODEVELOP
 MENTAL  DISORDERS  INCLUDING: AUTISM; PERVASIVE DEVELOPMENTAL DISORDER
 NOT OTHERWISE SPECIFIED (PDD-NOS); RETT'S SYNDROME; ASPERGER'S DISORDER;
 AND CHILDHOOD DISINTEGRATIVE DISORDER.  AUTISM  SPECTRUM  DISORDERS  MAY
 INCLUDE  CHARACTERISTICS  SUCH  AS LANGUAGE DISTURBANCE, SOCIAL DISTURB
 ANCE, AND RESTRICTIVE AND REPETITIVE  PATTERNS  OF  PLAY  WITH  A  RIGID
 ADHERENCE  TO  SAMENESS.  ADDITIONAL  CO-OCCURRING  IMPAIRMENTS IN THOSE
 SEVERELY AFFECTED MAY INCLUDE SENSORY PROBLEMS SUCH AS  AUDITORY  HYPER
 SENSITIVITY,  TEMPERATURE REGULATION ISSUES, SEIZURE DISORDERS, ABNORMAL
 PAIN THRESHOLD, GASTROINTESTINAL PROBLEMS,  AND  PSYCHIATRIC  CONDITIONS
 SUCH AS OBSESSIVE COMPULSIVE DISORDER, DEPRESSION AND ANXIETY.
 (B)  "COMPREHENSIVE  AUTISM  ASSESSMENT  CENTER"  OR  "CENTER" MEANS A
 CENTER DESIGNATED BY THE COMMISSIONER UNDER THIS SECTION.
 2.  COMPREHENSIVE  AUTISM  ASSESSMENT  CENTERS  ESTABLISHED.  (A)  THE
 COMMISSIONER  SHALL FACILITATE THE DEVELOPMENT AND ESTABLISHMENT OF, AND
 DESIGNATE, FOUR COMPREHENSIVE CENTERS FOR  THE  ASSESSMENT  OF  CHILDREN
 PRIMARILY  BETWEEN  THE  AGES OF FIVE AND EIGHTEEN DIAGNOSED WITH AUTISM
 SPECTRUM DISORDERS AND  DEVELOPMENT  OF  APPROPRIATE  SHORT-TERM  INTER
 VENTIONS AND INDIVIDUAL TREATMENT PLANS WHICH ARE DESIGNED TO MANAGE AND
 IMPROVE  FUNCTIONING.  THE  COMMISSIONER  SHALL ESTABLISH PROCEDURES AND
 CRITERIA FOR THE  DESIGNATION  OF  SUCH  CENTERS  CONSISTENT  WITH  THIS
 SECTION.
 (B)  THE  CENTERS  SHALL  UTILIZE  AN  ARRAY  OF DISCIPLINES WHICH MAY
 INCLUDE BUT NOT BE LIMITED TO: PHYSICAL, MEDICAL AND PSYCHIATRIC; NEURO
 BEHAVIORAL; NUTRITION; GASTROENTEROLOGY; MOTOR AND FITNESS; SLEEP ANALY
 SIS; COMMUNICATION AND SOCIAL; AND PSYCHO-EDUCATIONAL. SERVICES PROVIDED
 BY THE CENTERS MAY INCLUDE BUT NOT BE LIMITED TO  THE  FOLLOWING  COMPO
 NENTS:

 (I)  INTENSIVE  ASSESSMENT SERVICES, INCLUDING INTEGRATED, INTERDISCI
 PLINARY ANALYSIS OF A RESIDENT'S FUNCTIONAL CHARACTERISTICS AND DISABIL
 ITIES. UTILIZING A COMPREHENSIVE FRAMEWORK SUCH AS INTERNATIONAL CLASSI
 FICATION  OF  FUNCTIONING  DISABILITY  AND  HEALTH-CHILDREN  AND   YOUTH
 (ICF-CY)(WORLD  HEALTH ORGANIZATION 2007), CENTERS SHALL COMPREHENSIVELY
 ASSESS THE RANGE OF FUNCTIONING AND DEVELOPMENT OF CHILDREN WITH  AUTISM
 SPECTRUM DISORDERS INCLUDING BUT NOT LIMITED TO: COMMUNICATION; SOCIALI
 ZATION; GENERAL, BEHAVIORAL, NEUROLOGICAL, PSYCHIATRIC, BODY AND MEDICAL
 FUNCTIONING; CHILD-ENVIRONMENTAL INTERACTIONS; ACTIVITY LIMITATIONS; AND
 PARTICIPATION RESTRICTIONS.
 (II)  DEVELOPMENT OF APPROPRIATE SHORT-TERM INTERVENTIONS AND INDIVID
 UAL TREATMENT PLANS WHICH ARE DESIGNED TO MANAGE AND IMPROVE FUNCTIONING
 FOR THE CHILDREN ASSESSED BY THE CENTER.
 (III) RESIDENTIAL SERVICES THAT PROVIDE SHORT-TERM RESIDENTIAL SUPPORT
 FOR CHILDREN ADMITTED TO THE CENTER WHO REQUIRE A  SHORT  STAY  FOR  THE
 PERIOD IN WHICH THE ASSESSMENT IS CONDUCTED. THESE SERVICES ARE INTENDED
 TO  PROVIDE  SUPPORT  FOR  THE  ASSESSMENT  ACTIVITIES AND ARE NOT TO BE
 LONG-TERM NOR ARE THEY TO BE PROVIDED IN A GENERAL HOSPITAL  OR  NURSING
 
       S. 6169                             3
 HOME  AS  DEFINED IN THIS ARTICLE NOR IN THE CAPACITY OF PERMANENT HOUS
 ING.
 (IV)  EDUCATIONAL SERVICES APPROVED BY THE STATE EDUCATION DEPARTMENT.
 SUCH EDUCATION SERVICES PROVIDED SHALL BE CONSISTENT  WITH  THE  CHILD'S
 HOME  SCHOOL  DISTRICT'S  CURRICULUM  AND  THE  EDUCATIONAL NEEDS OF THE
 CHILD, AND APPROPRIATE TO THE CHILD'S SHORT-TERM STAY IN THE CENTER. THE
 CENTER SHALL CONSULT WITH THE CHILD'S HOME SCHOOL DISTRICT TO DEVELOP AN
 APPROPRIATE EDUCATIONAL PLAN.
 (V) MEDICAL CLINICAL SERVICES. EACH CENTER  SHALL  HAVE  THE  CAPACITY
 ON-SITE  OR READILY ACCESSIBLE TO PROVIDE FOR THE RESIDENT'S MEDICAL AND
 CLINICAL NEEDS. THESE SERVICES SHALL BE  AVAILABLE  TO  PROVIDE  MEDICAL
 SERVICES TO ADDRESS GENERAL, CHRONIC AND ONGOING MEDICAL CONDITIONS.
 3.  GRANTS FOR DEVELOPMENT OF COMPREHENSIVE AUTISM ASSESSMENT CENTERS.
 WITHIN AMOUNTS APPROPRIATED, THE  COMMISSIONER  SHALL  PROVIDE  FUNDING,
 PURSUANT  TO  A  REQUEST  FOR  PROPOSALS,  TO  AID IN THE DEVELOPMENT OF
 COMPREHENSIVE AUTISM ASSESSMENT CENTERS.
 4. REPORTING/RESEARCH REQUIREMENTS.  (A)  EACH  RECIPIENT  OF  FUNDING
 PURSUANT  TO  THIS  SECTION  SHALL PROVIDE THE FOLLOWING INFORMATION AND
 SUCH OTHER INFORMATION AS THE DEPARTMENT  MAY  REASONABLY  REQUIRE  WITH
 RESPECT  TO  THE  CENTER  TO THE DEPARTMENT, ANNUALLY AS REQUIRED BY THE
 DEPARTMENT:

 (I) THE ANNUAL NUMBER OF CHILDREN RECEIVING SERVICES PURSUANT TO  THIS
 SECTION;
 (II) THE AVERAGE LENGTH OF STAY OF THOSE CHILDREN WHO RECEIVE SERVICES
 AT THE CENTER; AND
 (III) THE TYPE OF PROGRAMS AND INTERVENTIONS THAT CHILDREN RECEIVED.
 (B) THE DEPARTMENT SHALL ANNUALLY COMPILE SUCH REPORTS ON THE CENTERS'
 ACTIVITIES AND FINDINGS AND ANNUALLY REPORT ON THE CENTERS TO THE GOVER
 NOR AND LEGISLATURE.
 (C)  THE COMMISSIONER SHALL ASSIST IN AND ENCOURAGE THE DEVELOPMENT OF
 RESEARCH COLLABORATIONS BETWEEN THE CENTERS AND  RELEVANT  STATE  AGENCY
 FACILITIES,  COLLEGES  AND  UNIVERSITIES AND, WHERE APPROPRIATE, PRIVATE
 RESEARCH ENTITIES.
 

S 4. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!