S481-2013 Actions

• Feb 4, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 9, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S481-2013 Meetings

S481-2013 Votes

S481-2013 Memo

BILL NUMBER:S481

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to defining a bill of
rights for persons with autism or autism spectrum disorders

PURPOSE:
This bill would provide persons diagnosed with autism and autism
spectrum disorders (ASDs) certain rights with respect to the funding
of research and provision of treatment.

SUMMARY OF PROVISIONS:
Section 1 amends Mental Hygiene Law by adding section 16.39, which
establishes a bill of rights for persons diagnosed with autism or ASDs.

Subsection (a) guarantees equitable insurance coverage for individuals
diagnosed with autism or ASDs.

Subsection (b) accords such persons rights including: increased
funding of autism and ASDs research; access to a comprehensive
continuum of care; treatment within a coordinated system of agencies;
receipt of care in-home, as well as at treatment centers proximately
located to the patient's residence; family-driven and patient-focused
treatment by highly qualified professionals; and access to all
information necessary facilitate informed consent.

JUSTIFICATION:
Although estimates vary, Autism and Autism Spectrum Disorders (ASDs)
presently affect one in every 91 to 150 children. Given the high rate
of incidence, which has increased dramatically in recent years, New
York State must address the basic needs of its growing population of
citizens impacted by Autism and ASDs.

In its 2010 report, the New York State Interagency Task Force on
Autism, identified "five pressing needs" of those affected by Autism
and ASDs:
early identification, coordination of State services, lifelong service
delivery, increased dissemination of information, and coordination of
research efforts.

This bill will address these needs by securing fundamental rights to
research, treatment, information and insurance coverage for
individuals and their families.

LEGISLATIVE HISTORY:
2011-12:  S.2148/A.1708 Referred to Mental Health

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S481-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          481
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health and Develop
 mental Disabilities
 

AN ACT to amend the mental hygiene law, in relation to defining  a  bill
 of rights for persons with autism or autism spectrum disorders
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The mental hygiene law is amended by adding a  new  section
 16.39 to read as follows:

 

S 16.39 BILL OF RIGHTS FOR PERSONS WITH AUTISM OR AUTISM SPECTRUM DISOR
 DERS.
 (A)  BOTH  EARLY INTERVENTION AND CONTINUING TREATMENT ARE INTEGRAL TO
 THE HEALTHCARE OF THOSE DIAGNOSED WITH AUTISM OR AUTISM SPECTRUM  DISOR
 DERS.    INSURANCE  COMPANIES SHALL NOT DISCRIMINATE AGAINST INDIVIDUALS
 WITH SUCH DIAGNOSES BY IMPOSING FINANCIAL BURDENS AND BARRIERS TO TREAT
 MENT SUCH AS DIFFERENTIAL DEDUCTIBLES, DISPARATE CO-PAYS, SPENDING CAPS,
 AND ARBITRARY LIMITS ON ACCESS TO MEDICALLY NECESSARY  INPATIENT  AND/OR
 OUTPATIENT SERVICES.
 (B)  ALL  PERSONS  WITH AUTISM OR AUTISM SPECTRUM DISORDERS SHALL HAVE
 THE FOLLOWING RIGHTS:

 (1) THE RIGHT TO AN INCREASED INVESTMENT IN HIGH-QUALITY  RESEARCH  ON
 THE ORIGIN, DIAGNOSIS AND TREATMENT OF AUTISM AND AUTISM SPECTRUM DISOR
 DERS;
 (2)  THE  RIGHT  TO  ACCESS,  AND  HAVE THEIR PARENTS AND/OR GUARDIANS
 ACCESS, A COMPREHENSIVE CONTINUUM OF CARE BASED ON THE PATIENT'S  NEEDS
 -INCLUDING A FULL RANGE OF PSYCHOSOCIAL, BEHAVIORAL, PHARMACOLOGICAL AND
 EDUCATIONAL SERVICES--REGARDLESS OF THE COST;
 (3) THE RIGHT TO RECEIVE TREATMENT WITHIN A COORDINATED SYSTEM OF CARE
 WHERE  ALL  AGENCIES  DELIVERING  SERVICES (INCLUDING BUT NOT LIMITED TO
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02059-01-3
 
       S. 481                              2
 HEALTH, MENTAL HEALTH, CHILD WELFARE, JUVENILE  JUSTICE  AND  EDUCATION)
 WORK TOGETHER TO OPTIMIZE TREATMENT OUTCOME;
 (4)  THE RIGHT TO RECEIVE IN-HOME CARE, AS WELL AS TREATMENT IN COMMU
 NITY-BASED SETTINGS AS CLOSE TO HOME AS POSSIBLE;
 (5) THE RIGHT TO RECEIVE CARE FROM HIGHLY QUALIFIED PROFESSIONALS  WHO
 ACT IN THE BEST INTERESTS OF THE PATIENT AND FAMILY;
 (6)  THE RIGHT TO TREATMENT THAT IS FAMILY-DRIVEN AND PATIENT-FOCUSED.
 PARENTS AND/OR GUARDIANS (AND PATIENTS WHEN APPROPRIATE) MUST  HAVE  THE
 PRIMARY DECISION-MAKING ROLE WITH REGARD TO TREATMENT;
 (7)  THE  RIGHT  TO  RECEIVE,  AND HAVE THEIR PARENTS AND/OR GUARDIANS
 RECEIVE, ALL INFORMATION REGARDING THE RISKS, BENEFITS  AND  ANTICIPATED
 OUTCOMES OF ALL AVAILABLE TREATMENT OPTIONS THAT IS NECESSARY TO FACILI
 TATE EDUCATED DECISIONS AND INFORMED CONSENT;
 (8)  THE  RIGHT  TO  ACCESS,  AND  HAVE THEIR PARENTS AND/OR GUARDIANS
 ACCESS, MENTAL HEALTH PROFESSIONALS WITH APPROPRIATE TRAINING AND  EXPE
 RIENCE.    PRIMARY  CARE  PROFESSIONALS PROVIDING MENTAL HEALTH SERVICES
 MUST HAVE ACCESS TO CONSULTATION AND REFERRAL RESOURCES  FROM  QUALIFIED
 MENTAL HEALTH PROFESSIONALS; AND
 (9)  THE  RIGHT  TO APPROPRIATE MONITORING OF PHARMACEUTICAL TREATMENT
 FOR MENTAL DISORDERS, BOTH TO OPTIMIZE THE BENEFITS AND TO MINIMIZE  ANY
 RISKS OR POTENTIAL SIDE-EFFECTS ASSOCIATED WITH SUCH TREATMENTS.
 

S 2. This act shall take effect immediately.

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