Bill Text: NY S05801 | 2013-2014 | General Assembly | Amended


Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2014-06-13 - PRINT NUMBER 5801A [S05801 Detail]

Download: New_York-2013-S05801-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5801--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     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:
    1    Section 1. Legislative Intent.  The  legislature  hereby  finds  that,
    2  according  to Centers for Disease Control and Prevention, as many as one
    3  in 50 children may have an autism spectrum disorder (ASD). The  legisla-
    4  ture  further  finds  that  early,  continuous and appropriate treatment
    5  facilitates the best possible outcome for children diagnosed with  ASDs.
    6  The  legislature further finds that, while the periodic reformulation of
    7  diagnostic criteria is vital to  ensuring  the  provision  of  effective
    8  care,  the State must respond accordingly to guarantee that such changes
    9  do not impact the eligibility of individuals currently receiving  treat-
   10  ment  under  the law. Therefore, the legislature finds it appropriate to
   11  enact measures preserving the existing rights and entitlements of  those
   12  diagnosed  with  pervasive  developmental  disorders  using  the  fourth
   13  edition text revision of the Diagnostic and Statistical Manual of Mental
   14  Disorders (DSM-IV TR) as the medical community transitions  to  criteria
   15  implemented  by the fifth edition (DSM-5). The legislature finds that in
   16  addition to ensuring continued benefits and state services it is  impor-
   17  tant  to  convene  a council to study the transition from (DSM-IV TR) to
   18  the criteria implemented by the fifth edition to ensure that individuals
   19  who qualify under (DSM-IV TR) will continue to qualify under DSM-5.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11529-06-4
       S. 5801--A                          2
    1    S 2. Notwithstanding any  law  to  the  contrary,  "autism,"  for  the
    2  purposes  of  the  education law and the mental hygiene law, and "autism
    3  spectrum disorder,"  for  the  purposes  of  the  insurance  law,  shall
    4  include: (1) an autistic disorder, Asperger's disorder, Rett's disorder,
    5  childhood  disintegrative  disorder, or pervasive developmental disorder
    6  not otherwise specified (PDD-NOS), as diagnosed using the fourth edition
    7  text revision of the Diagnostic and Statistical Manual of Mental  Disor-
    8  ders  (DSM-IV  TR);  and (2) an autism spectrum disorder diagnosed using
    9  the most recent edition of the  Diagnostic  and  Statistical  Manual  of
   10  Mental Disorders.
   11    S  3.  This  act shall take effect immediately and shall expire and be
   12  deemed repealed two years after such effective date.
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