Bill Text: NY A00103 | 2021-2022 | General Assembly | Introduced
Bill Title: Develops comprehensive assessment centers for autism spectrum disorders; provides grants for their development and lays out reporting and research requirements.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A00103 Detail]
Download: New_York-2021-A00103-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 103 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. GUNTHER, GOTTFRIED, ABBATE, J. RIVERA, COLTON, ABINANTI, SANTABARBARA, MONTESANO, WALSH, ASHBY -- read once and referred 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: 1 Section 1. Subdivision 1 of section 2801 of the public health law, as 2 amended by section 1 of part Z of chapter 57 of the laws of 2019, is 3 amended to read as follows: 4 1. "Hospital" means a facility or institution engaged principally in 5 providing services by or under the supervision of a physician or, in the 6 case of a dental clinic or dental dispensary, of a dentist, or, in the 7 case of a midwifery birth center, of a midwife, for the prevention, 8 diagnosis or treatment of human disease, pain, injury, deformity or 9 physical condition, including, but not limited to, a general hospital, 10 public health center, diagnostic center, treatment center, dental clin- 11 ic, dental dispensary, rehabilitation center other than a facility used 12 solely for vocational rehabilitation, nursing home, tuberculosis hospi- 13 tal, chronic disease hospital, maternity hospital, midwifery birth 14 center, lying-in-asylum, out-patient department, out-patient lodge, 15 dispensary and a laboratory or central service facility serving one or 16 more such institutions, a comprehensive autism assessment center, but 17 the term hospital shall not include an institution, sanitarium or other 18 facility engaged principally in providing services for the prevention, 19 diagnosis or treatment of mental disability and which is subject to the 20 powers of visitation, examination, inspection and investigation of the 21 department of mental hygiene except for those distinct parts of such a 22 facility which provide hospital service. The provisions of this article 23 shall not apply to a facility or institution engaged principally in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02549-01-1A. 103 2 1 providing services by or under the supervision of the bona fide members 2 and adherents of a recognized religious organization whose teachings 3 include reliance on spiritual means through prayer alone for healing in 4 the practice of the religion of such organization and where services are 5 provided in accordance with those teachings. No provision of this arti- 6 cle or any other provision of law shall be construed to: (a) limit the 7 volume of mental health, substance use disorder services or develop- 8 mental disability services that can be provided by a provider of primary 9 care services licensed under this article and authorized to provide 10 integrated services in accordance with regulations issued by the commis- 11 sioner in consultation with the commissioner of the office of mental 12 health, the commissioner of the office of alcoholism and substance abuse 13 services and the commissioner of the office for people with develop- 14 mental disabilities, including regulations issued pursuant to subdivi- 15 sion seven of section three hundred sixty-five-l of the social services 16 law or part L of chapter fifty-six of the laws of two thousand twelve; 17 (b) require a provider licensed pursuant to article thirty-one of the 18 mental hygiene law or certified pursuant to article sixteen or article 19 thirty-two of the mental hygiene law to obtain an operating certificate 20 from the department if such provider has been authorized to provide 21 integrated services in accordance with regulations issued by the commis- 22 sioner in consultation with the commissioner of the office of mental 23 health, the commissioner of the office of alcoholism and substance abuse 24 services and the commissioner of the office for people with develop- 25 mental disabilities, including regulations issued pursuant to subdivi- 26 sion seven of section three hundred sixty-five-l of the social services 27 law or part L of chapter fifty-six of the laws of two thousand twelve. 28 § 2. Section 2801 of the public health law is amended by adding a new 29 subdivision 12 to read as follows: 30 12. "Comprehensive autism assessment center" means a comprehensive 31 autism assessment center under section twenty-eight hundred twenty-eight 32 of this article. 33 § 3. The public health law is amended by adding a new section 2828 to 34 read as follows: 35 § 2828. Comprehensive autism assessment centers. 1. Definitions. For 36 the purposes of this section, unless the context clearly requires other- 37 wise: 38 (a) "Autism spectrum disorder" means any of a group of neurodevelop- 39 mental disorders including: autism; pervasive developmental disorder - 40 not otherwise specified (PDD-NOS); Rett's syndrome; Asperger's disorder; 41 and childhood disintegrative disorder. Autism spectrum disorders may 42 include characteristics such as language disturbance, social disturb- 43 ance, and restrictive and repetitive patterns of play with a rigid 44 adherence to sameness. Additional co-occurring impairments in those 45 severely affected may include sensory problems such as auditory hyper- 46 sensitivity, temperature regulation issues, seizure disorders, abnormal 47 pain threshold, gastrointestinal problems, and psychiatric conditions 48 such as obsessive compulsive disorder, depression and anxiety. 49 (b) "Comprehensive autism assessment center" or "center" means a 50 center designated by the commissioner under this section. 51 2. Comprehensive autism assessment centers established. (a) The 52 commissioner shall facilitate the development and establishment of, and 53 designate, four comprehensive centers for the assessment of children 54 primarily between the ages of five and eighteen diagnosed with autism 55 spectrum disorders and development of appropriate short-term inter- 56 ventions and individual treatment plans which are designed to manage andA. 103 3 1 improve functioning. The commissioner shall establish procedures and 2 criteria for the designation of such centers consistent with this 3 section. 4 (b) The centers shall utilize an array of disciplines which may 5 include but not be limited to: physical, medical and psychiatric; neuro- 6 behavioral; nutrition; gastroenterology; motor and fitness; sleep analy- 7 sis; communication and social; and psycho-educational. Services provided 8 by the centers may include but not be limited to the following compo- 9 nents: 10 (i) Intensive assessment services, including integrated, interdisci- 11 plinary analysis of a resident's functional characteristics and disabil- 12 ities. Utilizing a comprehensive framework such as international classi- 13 fication of functioning disability and health-children and youth 14 (ICF-CY)(World Health Organization 2007), centers shall comprehensively 15 assess the range of functioning and development of children with autism 16 spectrum disorders including but not limited to: communication; sociali- 17 zation; general, behavioral, neurological, psychiatric, body and medical 18 functioning; child-environmental interactions; activity limitations; and 19 participation restrictions. 20 (ii) Development of appropriate short-term interventions and individ- 21 ual treatment plans which are designed to manage and improve functioning 22 for the children assessed by the center. 23 (iii) Residential services that provide short-term residential support 24 for children admitted to the center who require a short stay for the 25 period in which the assessment is conducted. These services are intended 26 to provide support for the assessment activities and are not to be long- 27 term nor are they to be provided in a general hospital or nursing home 28 as defined in this article nor in the capacity of permanent housing. 29 (iv) Educational services approved by the state education department. 30 Such education services provided shall be consistent with the child's 31 home school district's curriculum and the educational needs of the 32 child, and appropriate to the child's short-term stay in the center. The 33 center shall consult with the child's home school district to develop an 34 appropriate educational plan. 35 (v) Medical clinical services. Each center shall have the capacity 36 on-site or readily accessible to provide for the resident's medical and 37 clinical needs. These services shall be available to provide medical 38 services to address general, chronic and ongoing medical conditions. 39 3. Grants for development of comprehensive autism assessment centers. 40 Within amounts appropriated, the commissioner shall provide funding, 41 pursuant to a request for proposals, to aid in the development of 42 comprehensive autism assessment centers. 43 4. Reporting/research requirements. (a) Each recipient of funding 44 pursuant to this section shall provide the following information and 45 such other information as the department may reasonably require with 46 respect to the center to the department, annually as required by the 47 department: 48 (i) The annual number of children receiving services pursuant to this 49 section; 50 (ii) The average length of stay of those children who receive services 51 at the center; and 52 (iii) The type of programs and interventions that children received. 53 (b) The department shall annually compile such reports on the centers' 54 activities and findings and annually report on the centers to the gover- 55 nor and legislature.A. 103 4 1 (c) The commissioner shall assist in and encourage the development of 2 research collaborations between the centers and relevant state agency 3 facilities, colleges and universities and, where appropriate, private 4 research entities. 5 § 4. This act shall take effect immediately.
