Defines the term autism for the purposes of the education law and the mental hygiene law and the term autism spectrum disorder for the purposes of the insurance law.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Sampson
TITLE OF BILL: An act to define the term "autism" for the purposes of the education law and the mental hygiene law and the term "autism spectrum disorder" for the purposes of the insurance law and providing for the repeal of such provisions upon expiration thereof
PURPOSE: The purpose of the bill is to ensure that individuals receiving benefits and services are not impacted by the transition from the fourth edition of the diagnostic and statistical manual of mental disorders (DSM-IV) to the fifth edition of the diagnostic and statistical manual of mental disorders (DSM-V). Provisions will ensure that all those who would be eligible for such benefits and services prior to the release of the DSM-5 continue to qualify, without creating any new mandates on providers, schools or insurance companies.
SUMMARY OF PROVISIONS: Section 1. Legislative intent.
Section two of the bill provides that, as used in existing education law, mental hygiene law and insurance law, "autism" or "autism spectrum disorder" will be defined as including relevant diagnoses using DSM-IV, as well as relevant diagnoses using DSM-5.
Section three provides the effective date.
JUSTIFICATION: The bill provides that during the transition from. the DSM-IV to the DSM-5, people with a diagnosis under the DSM-IV will not have their benefits or state services disrupted. The bill does not intend to expand benefits, but rather to ensure the continuation of benefits and state services, such as educational services, for individuals that have an established diagnosis under the DSM-IV. Due to the fact that one in fifty children may have an autistic spectrum disorder and the importance of early and appropriate treatment, it is essential to ensure the continuity of benefits and services for individuals with a diagnosis.
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: Needs to be determined.
EFFECTIVE DATE: Shall take effect immediately and be deemed repealed after two years.
STATE OF NEW YORK ________________________________________________________________________ 5801 2013-2014 Regular Sessions IN SENATE June 15, 2013 ___________Introduced by Sens. CARLUCCI, GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to define the term "autism" for the purposes of the education law and the mental hygiene law and the term "autism spectrum disorder" for the purposes of the insurance law and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative Intent. The legislature hereby finds that, according to Centers for Disease Control and Prevention, as many as one in 50 children may have an autism spectrum disorder (ASD). The legisla- ture further finds that early, continuous and appropriate treatment facilitates the best possible outcome for children diagnosed with ASDs. The legislature further finds that, while the periodic reformulation of diagnostic criteria is vital to ensuring the provision of effective care, the State must respond accordingly to guarantee that such changes do not impact the eligibility of individuals currently receiving treat- ment under the law. Therefore, the legislature finds it appropriate to enact measures preserving the existing rights and entitlements of those diagnosed with pervasive developmental disorders using the fourth edition text revision of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV TR) as the medical community transitions to criteria implemented by the fifth edition (DSM-5). The legislature finds that in addition to ensuring continued benefits and state services it is impor- tant to convene a council to study the transition from (DSM-IV TR) to the criteria implemented by the fifth edition to ensure that individuals who qualify under (DSM-IV TR) will continue to qualify under DSM-5. S 2. Notwithstanding any law to the contrary, "autism," for the purposes of the education law and the mental hygiene law, and "autism spectrum disorder," for the purposes of the insurance law, shall mean either: (1) an autistic disorder, Asperger's disorder, Rett's disorder,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11529-03-3 S. 5801 2
childhood disintegrative disorder, or pervasive developmental disorder not otherwise specified (PDD-NOS), as diagnosed using the fourth edition text revision of the Diagnostic and Statistical Manual of Mental Disor- ders (DSM-IV TR); or (2) an autism spectrum disorder diagnosed using the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. S 3. This act shall take effect immediately and shall expire and be deemed repealed two years after such effective date.