S T A T E   O F   N E W   Y O R K
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                                  4159

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  PARKER -- 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:

  Section  1. Subdivision 1 of section 2801 of the public health law, as
separately amended by chapters 297 and 416  of  the  laws  of  1983,  is
amended to read as follows:
  1.  "Hospital"  means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary,  of  a  dentist,  for  the
prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
deformity or physical condition, including, but not limited to, a gener-
al hospital, public health center, diagnostic center, treatment  center,
dental  clinic,  dental  dispensary,  rehabilitation center other than a
facility used solely for vocational rehabilitation, nursing home, tuber-
culosis hospital, chronic disease hospital, maternity  hospital,  lying-
in-asylum,  out-patient  department, out-patient lodge, dispensary and a
laboratory or central service facility serving one or more  such  insti-
tutions, A COMPREHENSIVE AUTISM ASSESSMENT CENTER, but the term hospital
shall  not  include an institution, sanitarium or other facility engaged
principally in providing  services  for  the  prevention,  diagnosis  or
treatment  of  mental  disability  and which is subject to the powers of
visitation, examination, inspection and investigation of the  department
of  mental  hygiene  except  for those distinct parts of such a facility
which provide hospital service. The provisions of this article shall not
apply to a facility or  institution  engaged  principally  in  providing
services by or under the supervision of the bona fide members and adher-
ents  of  a  recognized  religious  organization whose teachings include
reliance on spiritual means through prayer  alone  for  healing  in  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02325-01-1
              

S. 4159                             2

practice  of  the  religion  of such organization and where services are
provided in accordance with those teachings.
  S  2. Section 2801 of the public health law is amended by adding a new
subdivision 11 to read as follows:
  11. "COMPREHENSIVE AUTISM ASSESSMENT  CENTER"  MEANS  A  COMPREHENSIVE
AUTISM ASSESSMENT CENTER UNDER SECTION TWENTY-EIGHT HUNDRED TWENTY-THREE
OF THIS ARTICLE.
  S  3. The public health law is amended by adding a new section 2823 to
read as follows:
  S 2823. COMPREHENSIVE AUTISM ASSESSMENT CENTERS.  1. DEFINITIONS.  FOR
THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
  (A)  "AUTISM  SPECTRUM DISORDER" MEANS ANY OF A GROUP OF NEURODEVELOP-
MENTAL DISORDERS INCLUDING: AUTISM; PERVASIVE DEVELOPMENTAL  DISORDER  -
NOT OTHERWISE SPECIFIED (PDD-NOS); RETT'S SYNDROME; ASPERGER'S DISORDER;
AND  CHILDHOOD  DISINTEGRATIVE  DISORDER.  AUTISM SPECTRUM DISORDERS MAY
INCLUDE CHARACTERISTICS SUCH AS LANGUAGE  DISTURBANCE,  SOCIAL  DISTURB-
ANCE,  AND  RESTRICTIVE  AND  REPETITIVE  PATTERNS  OF PLAY WITH A RIGID
ADHERENCE TO SAMENESS.  ADDITIONAL  CO-OCCURRING  IMPAIRMENTS  IN  THOSE
SEVERELY  AFFECTED  MAY INCLUDE SENSORY PROBLEMS SUCH AS AUDITORY HYPER-
SENSITIVITY, TEMPERATURE REGULATION ISSUES, SEIZURE DISORDERS,  ABNORMAL
PAIN  THRESHOLD,  GASTROINTESTINAL  PROBLEMS, AND PSYCHIATRIC CONDITIONS
SUCH AS OBSESSIVE COMPULSIVE DISORDER, DEPRESSION AND ANXIETY.
  (B) "COMPREHENSIVE AUTISM  ASSESSMENT  CENTER"  OR  "CENTER"  MEANS  A
CENTER DESIGNATED BY THE COMMISSIONER UNDER THIS SECTION.
  2.  COMPREHENSIVE  AUTISM  ASSESSMENT  CENTERS  ESTABLISHED.  (A)  THE
COMMISSIONER SHALL FACILITATE THE DEVELOPMENT AND ESTABLISHMENT OF,  AND
DESIGNATE, COMPREHENSIVE CENTERS FOR THE ASSESSMENT OF CHILDREN PRIMARI-
LY  BETWEEN THE AGES OF FIVE AND EIGHTEEN DIAGNOSED WITH AUTISM SPECTRUM
DISORDERS AND DEVELOPMENT OF APPROPRIATE  SHORT-TERM  INTERVENTIONS  AND
INDIVIDUAL  TREATMENT  PLANS  WHICH  ARE  DESIGNED TO MANAGE AND IMPROVE
FUNCTIONING. THE COMMISSIONER SHALL ESTABLISH  PROCEDURES  AND  CRITERIA
FOR THE DESIGNATION OF SUCH CENTERS CONSISTENT WITH THIS SECTION.
  (B)  THE  CENTERS  SHALL  UTILIZE  AN  ARRAY  OF DISCIPLINES WHICH MAY
INCLUDE BUT NOT BE LIMITED TO: PHYSICAL, MEDICAL AND PSYCHIATRIC; NEURO-
BEHAVIORAL; NUTRITION; GASTROENTEROLOGY; MOTOR AND FITNESS; SLEEP ANALY-
SIS; COMMUNICATION AND SOCIAL; AND PSYCHO-EDUCATIONAL. SERVICES PROVIDED
BY THE CENTERS MAY INCLUDE BUT NOT BE LIMITED TO  THE  FOLLOWING  COMPO-
NENTS:
  (I)  INTENSIVE  ASSESSMENT SERVICES, INCLUDING INTEGRATED, INTERDISCI-
PLINARY ANALYSIS OF A RESIDENT'S FUNCTIONAL CHARACTERISTICS AND DISABIL-
ITIES. UTILIZING A COMPREHENSIVE FRAMEWORK SUCH AS INTERNATIONAL CLASSI-
FICATION  OF  FUNCTIONING  DISABILITY  AND  HEALTH-CHILDREN  AND   YOUTH
(ICF-CY)(WORLD  HEALTH ORGANIZATION 2007), CENTERS SHALL COMPREHENSIVELY
ASSESS THE RANGE OF FUNCTIONING AND DEVELOPMENT OF CHILDREN WITH  AUTISM
SPECTRUM DISORDERS INCLUDING BUT NOT LIMITED TO: COMMUNICATION; SOCIALI-
ZATION; GENERAL, BEHAVIORAL, NEUROLOGICAL, PSYCHIATRIC, BODY AND MEDICAL
FUNCTIONING; CHILD-ENVIRONMENTAL INTERACTIONS; ACTIVITY LIMITATIONS; AND
PARTICIPATION RESTRICTIONS.
  (II)  DEVELOPMENT OF APPROPRIATE SHORT-TERM INTERVENTIONS AND INDIVID-
UAL TREATMENT PLANS WHICH ARE DESIGNED TO MANAGE AND IMPROVE FUNCTIONING
FOR THE CHILDREN ASSESSED BY THE CENTER.
  (III) RESIDENTIAL SERVICES THAT PROVIDE SHORT-TERM RESIDENTIAL SUPPORT
FOR CHILDREN ADMITTED TO THE CENTER WHO REQUIRE A  SHORT  STAY  FOR  THE
PERIOD IN WHICH THE ASSESSMENT IS CONDUCTED. THESE SERVICES ARE INTENDED
TO  PROVIDE  SUPPORT  FOR  THE  ASSESSMENT  ACTIVITIES AND ARE NOT TO BE

S. 4159                             3

LONG-TERM NOR ARE THEY TO BE PROVIDED IN A GENERAL HOSPITAL  OR  NURSING
HOME  AS  DEFINED IN THIS ARTICLE NOR IN THE CAPACITY OF PERMANENT HOUS-
ING.
  (IV)  EDUCATIONAL SERVICES APPROVED BY THE STATE EDUCATION DEPARTMENT.
SUCH EDUCATION SERVICES PROVIDED SHALL BE CONSISTENT  WITH  THE  CHILD'S
HOME  SCHOOL  DISTRICT'S  CURRICULUM  AND  THE  EDUCATIONAL NEEDS OF THE
CHILD, AND APPROPRIATE TO THE CHILD'S SHORT-TERM STAY IN THE CENTER. THE
CENTER SHALL CONSULT WITH THE CHILD'S HOME SCHOOL DISTRICT TO DEVELOP AN
APPROPRIATE EDUCATIONAL PLAN.
  (V) MEDICAL CLINICAL SERVICES. EACH CENTER  SHALL  HAVE  THE  CAPACITY
ON-SITE  OR READILY ACCESSIBLE TO PROVIDE FOR THE RESIDENT'S MEDICAL AND
CLINICAL NEEDS. THESE SERVICES SHALL BE  AVAILABLE  TO  PROVIDE  MEDICAL
SERVICES TO ADDRESS GENERAL, CHRONIC AND ONGOING MEDICAL CONDITIONS.
  3.  GRANTS FOR DEVELOPMENT OF COMPREHENSIVE AUTISM ASSESSMENT CENTERS.
WITHIN AMOUNTS APPROPRIATED, THE  COMMISSIONER  SHALL  PROVIDE  FUNDING,
PURSUANT  TO  A  REQUEST  FOR  PROPOSALS,  TO  AID IN THE DEVELOPMENT OF
COMPREHENSIVE AUTISM ASSESSMENT CENTERS.
  4. REPORTING/RESEARCH REQUIREMENTS.  (A)  EACH  RECIPIENT  OF  FUNDING
PURSUANT  TO  THIS  SECTION  SHALL PROVIDE THE FOLLOWING INFORMATION AND
SUCH OTHER INFORMATION AS THE DEPARTMENT  MAY  REASONABLY  REQUIRE  WITH
RESPECT  TO  THE  CENTER  TO THE DEPARTMENT, ANNUALLY AS REQUIRED BY THE
DEPARTMENT:
  (I) THE ANNUAL NUMBER OF CHILDREN RECEIVING SERVICES PURSUANT TO  THIS
SECTION;
  (II) THE AVERAGE LENGTH OF STAY OF THOSE CHILDREN WHO RECEIVE SERVICES
AT THE CENTER; AND
  (III) THE TYPE OF PROGRAMS AND INTERVENTIONS THAT CHILDREN RECEIVED.
  (B) THE DEPARTMENT SHALL ANNUALLY COMPILE SUCH REPORTS ON THE CENTERS'
ACTIVITIES AND FINDINGS AND ANNUALLY REPORT ON THE CENTERS TO THE GOVER-
NOR AND LEGISLATURE.
  (C)  THE COMMISSIONER SHALL ASSIST IN AND ENCOURAGE THE DEVELOPMENT OF
RESEARCH COLLABORATIONS BETWEEN THE CENTERS AND  RELEVANT  STATE  AGENCY
FACILITIES,  COLLEGES  AND  UNIVERSITIES AND, WHERE APPROPRIATE, PRIVATE
RESEARCH ENTITIES.
  S 4. This act shall take effect immediately.