Bill S5801A-2013

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

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.

Details

Actions

  • Jun 13, 2014: PRINT NUMBER 5801A
  • Jun 13, 2014: AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Jan 8, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 18, 2013: referred to mental health
  • Jun 18, 2013: DELIVERED TO ASSEMBLY
  • Jun 18, 2013: PASSED SENATE
  • Jun 18, 2013: ORDERED TO THIRD READING CAL.1471
  • Jun 15, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5801A

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: This bill is intended to ensure that all individuals diagnosed using the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV TR) and the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders continue to qualify for services.

SUMMARY OF PROVISIONS:

Section 1 of the bill is the legislative intent.

Section 2 provides that, notwithstanding any law to the contrary, "autism" for purposes of the education law and mental hygiene law, and "autism spectrum disorder" for purposes of the insurance law, shall include: (1) all persons diagnosed with an autistic disorder, Asperger's disorder, Retts disorder, childhood disintegrative disorder, or pervasive developmental disorder not otherwise specified (PDD-NOS) using the fourth edition text revision of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV TR), and (2) all persons diagnosed with an autism spectrum disorder diagnosed using the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.

Section 3 is the effective date.

JUSTIFICATION: During the transition from DSM-IV to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, DSM-V, it is critical that individuals qualify for services if diagnosed using DSM-IV and DSM-V.

Due to the fact that one in fifty children have a diagnosis on the autism spectrum and the importance of early and appropriate treatment, it is essential to ensure the continuity of benefits and services for individuals who qualify under DSM-IV and DSM-V. It is also essential that all those diagnosed during this transition period have the benefit of services under both to ensure that all with developmental disabilities are provided appropriate services.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Negligible.

EFFECTIVE DATE: The act shall take effect immediately and shall expire and be deemed repealed three years such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 5801--A 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 -- recom- mitted to the Committee on Mental Health and Developmental Disabili- ties in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 include: (1) an autistic disorder, Asperger's disorder, Rett's disorder, 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); and (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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

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

Discuss!

blog comments powered by Disqus