NY State Senate Bill 2015-S3641

Senate Bill S3641

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to mental health and developmental disabilities
Feb 13, 2015	referred to mental health and developmental disabilities

co-Sponsors

2015-S3641 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Education
Versions Introduced in 2013-2014 Legislative Session:: S5801

2015-S3641 (ACTIVE) - Summary

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.

2015-S3641 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3641

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. S5801A. 06/13/14. Amend and Recommit to Mental health and
Developmental Disabilities.

EFFECTIVE DATE:

Immediately.

2015-S3641 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3641

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05793-02-5

S. 3641                             2

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.

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Senate Bill S3641

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Sponsored By

Robert G. Ortt