Bill Text: NY A00839 | 2015-2016 | General Assembly | Introduced
Bill Title: Defines a bill of rights for persons with autism or autism spectrum disorders.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Introduced - Dead) 2016-01-06 - referred to mental health [A00839 Detail]
Download: New_York-2015-A00839-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
839
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
___________
Introduced by M. of A. GUNTHER, CUSICK, TITONE, JAFFEE, COLTON, MOSLEY,
MONTESANO, DUPREY, CROUCH -- Multi-Sponsored by -- M. of A. ARROYO,
RIVERA, SANTABARBARA -- read once and referred to the Committee on
Mental Health
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:
1 Section 1. The mental hygiene law is amended by adding a new section
2 16.39 to read as follows:
3 S 16.39 BILL OF RIGHTS FOR PERSONS WITH AUTISM OR AUTISM SPECTRUM DISOR-
4 DERS.
5 (A) BOTH EARLY INTERVENTION AND CONTINUING TREATMENT ARE INTEGRAL TO
6 THE HEALTHCARE OF THOSE DIAGNOSED WITH AUTISM OR AUTISM SPECTRUM DISOR-
7 DERS. INSURANCE COMPANIES SHALL NOT DISCRIMINATE AGAINST INDIVIDUALS
8 WITH SUCH DIAGNOSES BY IMPOSING FINANCIAL BURDENS AND BARRIERS TO TREAT-
9 MENT SUCH AS DIFFERENTIAL DEDUCTIBLES, DISPARATE CO-PAYS, SPENDING CAPS,
10 AND ARBITRARY LIMITS ON ACCESS TO MEDICALLY NECESSARY INPATIENT AND/OR
11 OUTPATIENT SERVICES.
12 (B) ALL PERSONS WITH AUTISM OR AUTISM SPECTRUM DISORDERS SHALL HAVE
13 THE FOLLOWING RIGHTS:
14 (1) THE RIGHT TO AN INCREASED INVESTMENT IN HIGH-QUALITY RESEARCH ON
15 THE ORIGIN, DIAGNOSIS AND TREATMENT OF AUTISM AND AUTISM SPECTRUM DISOR-
16 DERS;
17 (2) THE RIGHT TO ACCESS, AND HAVE THEIR PARENTS AND/OR GUARDIANS
18 ACCESS, A COMPREHENSIVE CONTINUUM OF CARE BASED ON THE PATIENT'S NEEDS-
19 -INCLUDING A FULL RANGE OF PSYCHOSOCIAL, BEHAVIORAL, PHARMACOLOGICAL AND
20 EDUCATIONAL SERVICES--REGARDLESS OF THE COST;
21 (3) THE RIGHT TO RECEIVE TREATMENT WITHIN A COORDINATED SYSTEM OF CARE
22 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.
LBD01010-01-5
A. 839 2
1 HEALTH, MENTAL HEALTH, CHILD WELFARE, JUVENILE JUSTICE AND EDUCATION)
2 WORK TOGETHER TO OPTIMIZE TREATMENT OUTCOME;
3 (4) THE RIGHT TO RECEIVE IN-HOME CARE, AS WELL AS TREATMENT IN COMMU-
4 NITY-BASED SETTINGS AS CLOSE TO HOME AS POSSIBLE;
5 (5) THE RIGHT TO RECEIVE CARE FROM HIGHLY QUALIFIED PROFESSIONALS WHO
6 ACT IN THE BEST INTERESTS OF THE PATIENT AND FAMILY;
7 (6) THE RIGHT TO TREATMENT THAT IS FAMILY-DRIVEN AND PATIENT-FOCUSED.
8 PARENTS AND/OR GUARDIANS (AND PATIENTS WHEN APPROPRIATE) MUST HAVE THE
9 PRIMARY DECISION-MAKING ROLE WITH REGARD TO TREATMENT;
10 (7) THE RIGHT TO RECEIVE, AND HAVE THEIR PARENTS AND/OR GUARDIANS
11 RECEIVE, ALL INFORMATION REGARDING THE RISKS, BENEFITS AND ANTICIPATED
12 OUTCOMES OF ALL AVAILABLE TREATMENT OPTIONS THAT IS NECESSARY TO FACILI-
13 TATE EDUCATED DECISIONS AND INFORMED CONSENT;
14 (8) THE RIGHT TO ACCESS, AND HAVE THEIR PARENTS AND/OR GUARDIANS
15 ACCESS, MENTAL HEALTH PROFESSIONALS WITH APPROPRIATE TRAINING AND EXPE-
16 RIENCE. PRIMARY CARE PROFESSIONALS PROVIDING MENTAL HEALTH SERVICES
17 MUST HAVE ACCESS TO CONSULTATION AND REFERRAL RESOURCES FROM QUALIFIED
18 MENTAL HEALTH PROFESSIONALS; AND
19 (9) THE RIGHT TO APPROPRIATE MONITORING OF PHARMACEUTICAL TREATMENT
20 FOR MENTAL DISORDERS, BOTH TO OPTIMIZE THE BENEFITS AND TO MINIMIZE ANY
21 RISKS OR POTENTIAL SIDE-EFFECTS ASSOCIATED WITH SUCH TREATMENTS.
22 S 2. This act shall take effect immediately.
