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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5801
                              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
       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.
   20    S  2.  Notwithstanding  any  law  to  the  contrary, "autism," for the
   21  purposes of the education law and the mental hygiene  law,  and  "autism
   22  spectrum  disorder,"  for  the purposes of the insurance law, shall mean
   23  either: (1) an autistic disorder, Asperger's disorder, Rett's  disorder,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11529-03-3
       S. 5801                             2
    1  childhood  disintegrative  disorder, or pervasive developmental disorder
    2  not otherwise specified (PDD-NOS), as diagnosed using the fourth edition
    3  text revision of the Diagnostic and Statistical Manual of Mental  Disor-
    4  ders (DSM-IV TR); or (2) an autism spectrum disorder diagnosed using the
    5  most  recent  edition of the Diagnostic and Statistical Manual of Mental
    6  Disorders.
    7    S 3. This act shall take effect immediately and shall  expire  and  be
    8  deemed repealed two years after such effective date.