Develops comprehensive assessment centers for autism spectrum disorders; provides grants for their development and lays out reporting and research requirements.
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: Amends subdivision 1 of section 2801 of the Public Health Law by adding a comprehensive autism assessment center" to the definition of "Hospital."
Section 2: Amends section 2801 of the Public Health Law by adding a new subdivision 11 which refers to the definition of a Comprehensive Autism Assessment Center as included in section 2824 of the Public Health Law,
Section 3: Amends the Public Health Law by adding a new section 2824 which defines 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: Effective date.
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, the infrastructure does not exist which is necessary to provide this comprehensive level of assessment. This legis lation will allow for the establishment of four centers which will meet this objective.
S.6169 of 2012: Died in Senate Health, Died in Assembly Ways and Means A.413 of 2011:Died in Assembly Ways and Means A.8906-D of 2010: Died in Assembly Ways and Means, Died in Senate Health A.8906-B of 2009:Died in Assembly Health, Died in Senate Health
FISCAL IMPLICATIONS: Undetermined. EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1881 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________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 includeEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02979-01-3 S. 1881 2
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. 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-FOUR OF THIS ARTICLE. S 3. The public health law is amended by adding a new section 2824 to read as follows: S 2824. 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 THES. 1881 3
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 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.