Develops comprehensive assessment centers for autism spectrum disorders; provides grants for their development and lays out reporting and research requirements.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1350
SPONSOR: Gunther TITLE OF BILL:
An act to amend the public health law, in relation to the development of
comprehensive autism assessment centers
PURPOSE:
This legislation would provide for the establishment of four Comprehen-
sive Autism Assessment Centers that are designed to ensure that chil-
dren, with Autism Spectrum Disorders will receive a comprehensive
assessment that will lead to the development of more effective inter-
ventions.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the Public Health Law by adding "a compre-
hensive autism assessment center" to the definition of "Hospital".
Section 2 amends the public health law referring to the definition of a
Comprehensive Autism Assessment Center.
Section 3 amends the public health law defining Comprehensive Autism
Assessment Centers and sets forth the programmatic components that these
Centers shall contain including: *Intensive Assessment Services includ-
ing integrated, interdisciplinary analysis of a child's functional char-
acteristics and disabilities;
* Residential services that will provide short-term residential services
for children who require a short stay for the period in which the
assessment is conducted;
* Educational services that are provided to ensure children continue
receiving daily academic programming consistent with the child's home
school district; and
* Medical services to address the child's medical needs including their
general and chronic needs as well as those services that may be needed
on an emergency basis. These medical services shall also be utilized in
the assessment of the child's condition and development of the appropri-
ate treatment plan.
Section 4 - This act shall take effect immediately.
JUSTIFICATION:
The number of children diagnosed with Autism Spectrum Disorders and
other complex developmental disabilities is increasing dramatically.
Due to the many complexities that these disorders present, these chil-
dren require intensive assessments that can provide the necessary infor-
mation upon which an appropriate treatment plan can be developed. At
this time, there does not exist Centers that can provide the comprehen-
sive level of assessment that is necessary. This legislation will allow
for the establishment of these four Centers which will meet this objec-
tive.
LEGISLATIVE HISTORY:
2021-22: A103 referred to Ways & Means
2019-2020: A3599 referred to Ways & Means
2017-2018: A879 referred to Ways &Means/S2047 referred to Health
2015-2016: A1056 referred to Ways & Means/S1899 referred to Health
2013-2014: A1400A referred to Ways & Means/51881A referred to Health
2011-2012: A413A referred to Ways & Means/56169 referred to Health
2009-2010: A8906D referred to Ways & Means/S662613 referred to Health
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1350
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. GUNTHER, COLTON, SANTABARBARA, WALSH -- 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
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
A. 1350 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
A. 1350 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
A. 1350 4
1 facilities, colleges and universities and, where appropriate, private
2 research entities.
3 § 4. This act shall take effect immediately.
