S T A T E   O F   N E W   Y O R K
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                                  10146

                          I N  A S S E M B L Y

                              June 17, 2014
                               ___________

Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Titone,
  Abinanti) -- read once and referred to the Committee on Mental Health

AN ACT relating to technology systems used for locating missing children
  with developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  legislature  hereby finds that the tragedy of Avonte
Oquendo who wandered away from his school never to be found alive  again
highlights  the  continuing  need  to find ways to protect children with
developmental disabilities.  Furthermore,  the  legislature  finds  that
timing  plays  a  crucial  role  in  preventing  wandering incidents and
wandering-related deaths of children with autism or other  developmental
disabilities.  Because  of this, the legislature finds that coordination
of search and rescue protocols that involve locator  devices  work  most
effectively when systems are coordinated.
  S 2. The commissioner of the division of criminal justice services, in
consultation  with the commissioner of the office for people with devel-
opmental disabilities, shall review information technology systems  used
for  locating missing children with developmental disabilities including
those that have been established by local governments for locating miss-
ing persons for the purpose of making recommendations on the creation of
a statewide communication program that could  be  utilized  by  entities
operating  such  locator  systems.  Such review shall include but not be
limited to:
  a. a survey of all current  information  technology  systems  used  by
local  governments  including  but  not  limited  to  global positioning
systems, radiotermination technology, telemetry and satellite  position-
ing systems;
  b.  an  analysis  of appropriate means for coordination of information
sharing amongst entities that currently utilize locator systems;
  c. a standardized process to assist local governments and other  enti-
ties interested in establishing a locator system;
  d.  a  process for synchronizing locator systems throughout the state;
and

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

                                                           LBD15638-01-4

A. 10146                            2

  e. appropriate response procedures by law enforcement when  conducting
search  and rescue operations involving a child with developmental disa-
bilities.
  S  3.  Such review and recommendations made pursuant to section two of
this act shall be published in a report and provided  to  the  governor,
temporary  president  of the senate and speaker of the assembly no later
than one hundred twenty days following enactment.
  S 4.  The superintendent of the department of financial  services,  in
consultation  with  the  commissioner of the department of health, shall
conduct a study  to  review  health  insurance  coverage  of  technology
systems  used for locating children with developmental disabilities when
the treating physician or other licensed health care provider  deems  it
necessary  for  the  health  and  safety of the child. In conducting its
study, the department of financial services shall consider  whether  and
to what extent insurance companies in the state currently cover technol-
ogy  systems used for locating children with developmental disabilities;
whether and to what extent  coverage  of  technology  systems  used  for
locating children with developmental disabilities would impact premiums;
the  cost  to  the state of the new mandate; and to what extent coverage
should  include  rate  of  use,  repair  and  maintenance,  and  monthly
subscriber fees.
  S  5. The department of financial services shall consult with relevant
stakeholders, including insurance companies, consumer  advocacy  groups,
disability  advocacy groups, and any other person or entity such depart-
ment deems necessary. Such department shall issue a report of its  find-
ings  as well as its recommendations as to whether insurance coverage of
technology systems used for locating children with  developmental  disa-
bilities  is  feasible,  the  extent  to  which  such coverage should be
provided, and the impact this would have on premiums as well as the cost
to the state. Such department shall submit its report to  the  governor,
the  temporary president of the senate, the speaker of the assembly, and
the chairs of the senate and assembly standing committees  on  insurance
no later than one hundred eighty days following enactment of this act.
  S 6. This act shall take effect immediately.