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

                                 1400--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  GUNTHER,  GOTTFRIED,  ABBATE, MILLMAN, RAIA,
  BOYLAND, SCARBOROUGH, RIVERA, MONTESANO, COLTON, LUPINACCI, TITONE  --
  Multi-Sponsored  by -- M. of A. HOOPER, MOSLEY, SWEENEY, WEISENBERG --
  read once and referred to the Committee on Health  --  recommitted  to
  the  Committee on Health in accordance with Assembly Rule 3, sec. 2 --
  reported and referred to the Committee on Ways and Means --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

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

                                                           LBD02979-05-4

A. 1400--A                          2

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
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-FIVE
OF THIS ARTICLE.
  S 3. The public health law is amended by adding a new section 2825  to
read as follows:
  S  2825. 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, FOUR COMPREHENSIVE CENTERS FOR  THE  ASSESSMENT  OF  CHILDREN
PRIMARILY  BETWEEN  THE  AGES OF FIVE AND EIGHTEEN DIAGNOSED WITH AUTISM
SPECTRUM DISORDERS AND  DEVELOPMENT  OF  APPROPRIATE  SHORT-TERM  INTER-
VENTIONS 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

A. 1400--A                          3

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
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.