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

                                  3404

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. TITONE -- 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03795-01-5

              

A. 3404                             2

  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
  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 the  effective  date  of
this act.
  S 6. This act shall take effect immediately.