Bill Text: NY S06456 | 2023-2024 | 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: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S06456 Detail]

Download: New_York-2023-S06456-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6456

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 20, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed 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
    24  providing services by or under the supervision of the bona fide  members
    25  and  adherents  of  a  recognized religious organization whose teachings

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04175-01-3

        S. 6456                             2

     1  include reliance on spiritual means through prayer alone for healing  in
     2  the practice of the religion of such organization and where services are
     3  provided  in accordance with those teachings. No provision of this arti-
     4  cle  or  any other provision of law shall be construed to: (a) limit the
     5  volume of mental health, substance use  disorder  services  or  develop-
     6  mental disability services that can be provided by a provider of primary
     7  care  services  licensed  under  this  article and authorized to provide
     8  integrated services in accordance with regulations issued by the commis-
     9  sioner in consultation with the commissioner of  the  office  of  mental
    10  health, the commissioner of the office of alcoholism and substance abuse
    11  services  and  the  commissioner  of the office for people with develop-
    12  mental disabilities, including regulations issued pursuant  to  subdivi-
    13  sion  seven of section three hundred sixty-five-l of the social services
    14  law or part L of chapter fifty-six of the laws of two  thousand  twelve;
    15  (b)  require  a  provider licensed pursuant to article thirty-one of the
    16  mental hygiene law or certified pursuant to article sixteen  or  article
    17  thirty-two  of the mental hygiene law to obtain an operating certificate
    18  from the department if such provider  has  been  authorized  to  provide
    19  integrated services in accordance with regulations issued by the commis-
    20  sioner  in  consultation  with  the commissioner of the office of mental
    21  health, the commissioner of the office of alcoholism and substance abuse
    22  services and the commissioner of the office  for  people  with  develop-
    23  mental  disabilities,  including regulations issued pursuant to subdivi-
    24  sion seven of section three hundred sixty-five-l of the social  services
    25  law or part L of chapter fifty-six of the laws of two thousand twelve.
    26    §  2. Section 2801 of the public health law is amended by adding a new
    27  subdivision 15 to read as follows:
    28    15. "Comprehensive autism assessment  center"  means  a  comprehensive
    29  autism  assessment  center under section twenty-eight hundred thirty-one
    30  of this article.
    31    § 3. The public health law is amended by adding a new section 2831  to
    32  read as follows:
    33    §  2831. Comprehensive autism assessment centers.  1. Definitions. For
    34  the purposes of this section, unless the context clearly requires other-
    35  wise:
    36    (a) "Autism spectrum disorder" means any of a group  of  neurodevelop-
    37  mental  disorders  including: autism; pervasive developmental disorder -
    38  not otherwise specified (PDD-NOS); Rett's syndrome; Asperger's disorder;
    39  and childhood disintegrative disorder.  Autism  spectrum  disorders  may
    40  include  characteristics  such  as language disturbance, social disturb-
    41  ance, and restrictive and repetitive  patterns  of  play  with  a  rigid
    42  adherence  to  sameness.  Additional  co-occurring  impairments in those
    43  severely affected may include sensory problems such as  auditory  hyper-
    44  sensitivity,  temperature regulation issues, seizure disorders, abnormal
    45  pain threshold, gastrointestinal problems,  and  psychiatric  conditions
    46  such as obsessive compulsive disorder, depression and anxiety.
    47    (b)  "Comprehensive  autism  assessment  center"  or  "center" means a
    48  center designated by the commissioner under this section.
    49    2.  Comprehensive  autism  assessment  centers  established.  (a)  The
    50  commissioner  shall facilitate the development and establishment of, and
    51  designate, four comprehensive centers for  the  assessment  of  children
    52  primarily  between  the  ages of five and eighteen diagnosed with autism
    53  spectrum disorders and  development  of  appropriate  short-term  inter-
    54  ventions and individual treatment plans which are designed to manage and
    55  improve  functioning.  The  commissioner  shall establish procedures and

        S. 6456                             3

     1  criteria for the  designation  of  such  centers  consistent  with  this
     2  section.
     3    (b)  The  centers  shall  utilize  an  array  of disciplines which may
     4  include but not be limited to: physical, medical and psychiatric; neuro-
     5  behavioral; nutrition; gastroenterology; motor and fitness; sleep analy-
     6  sis; communication and social; and psycho-educational. Services provided
     7  by the centers may include but not be limited to  the  following  compo-
     8  nents:
     9    (i)  Intensive  assessment services, including integrated, interdisci-
    10  plinary analysis of a resident's functional characteristics and disabil-
    11  ities. Utilizing a comprehensive framework such as international classi-
    12  fication  of  functioning  disability  and  health-children  and   youth
    13  (ICF-CY)(World  Health Organization 2007), centers shall comprehensively
    14  assess the range of functioning and development of children with  autism
    15  spectrum disorders including but not limited to: communication; sociali-
    16  zation; general, behavioral, neurological, psychiatric, body and medical
    17  functioning; child-environmental interactions; activity limitations; and
    18  participation restrictions.
    19    (ii)  Development of appropriate short-term interventions and individ-
    20  ual treatment plans which are designed to manage and improve functioning
    21  for the children assessed by the center.
    22    (iii) Residential services that provide short-term residential support
    23  for children admitted to the center who require a  short  stay  for  the
    24  period in which the assessment is conducted. These services are intended
    25  to provide support for the assessment activities and are not to be long-
    26  term  nor  are they to be provided in a general hospital or nursing home
    27  as defined in this article nor in the capacity of permanent housing.
    28    (iv) Educational services approved by the state education  department.
    29  Such  education  services  provided shall be consistent with the child's
    30  home school district's curriculum  and  the  educational  needs  of  the
    31  child, and appropriate to the child's short-term stay in the center. The
    32  center shall consult with the child's home school district to develop an
    33  appropriate educational plan.
    34    (v)  Medical  clinical  services.  Each center shall have the capacity
    35  on-site or readily accessible to provide for the resident's medical  and
    36  clinical  needs.  These  services  shall be available to provide medical
    37  services to address general, chronic and ongoing medical conditions.
    38    3. Grants for development of comprehensive autism assessment  centers.
    39  Within  amounts  appropriated,  the  commissioner shall provide funding,
    40  pursuant to a request for  proposals,  to  aid  in  the  development  of
    41  comprehensive autism assessment centers.
    42    4.  Reporting/research  requirements.  (a)  Each  recipient of funding
    43  pursuant to this section shall provide  the  following  information  and
    44  such  other  information  as  the department may reasonably require with
    45  respect to the center to the department, annually  as  required  by  the
    46  department:
    47    (i)  The annual number of children receiving services pursuant to this
    48  section;
    49    (ii) The average length of stay of those children who receive services
    50  at the center; and
    51    (iii) The type of programs and interventions that children received.
    52    (b) The department shall annually compile such reports on the centers'
    53  activities and findings and annually report on the centers to the gover-
    54  nor and legislature.
    55    (c) The commissioner shall assist in and encourage the development  of
    56  research  collaborations  between  the centers and relevant state agency

        S. 6456                             4

     1  facilities, colleges and universities and,  where  appropriate,  private
     2  research entities.
     3    § 4. This act shall take effect immediately.
feedback