S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    879
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER,  GOTTFRIED, ABBATE, RIVERA, COLTON,
   TITONE, ABINANTI, RAIA, MONTESANO, LUPINACCI, CROUCH -- 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:
 
   Section 1. Subdivision 1 of section 2801 of the public health law,  as
 amended  by  chapter  397  of  the  laws  of 2016, 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, or, in the
 case of a midwifery birth center, of  a  midwife,  for  the  prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  hospital,
 public  health center, diagnostic center, treatment center, dental clin-
 ic, dental dispensary, rehabilitation center other than a facility  used
 solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
 tal, chronic  disease  hospital,  maternity  hospital,  midwifery  birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary and a laboratory or central service facility serving  one  or
 more  such  institutions,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02951-01-7

 A. 879                              2
 
 and adherents 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.
   §  2. Section 2801 of the public health law is amended by adding a new
 subdivision 12 to read as follows:
   12. "COMPREHENSIVE AUTISM ASSESSMENT  CENTER"  MEANS  A  COMPREHENSIVE
 AUTISM ASSESSMENT CENTER UNDER SECTION TWENTY-EIGHT HUNDRED TWENTY-SEVEN
 OF THIS ARTICLE.
   §  3. The public health law is amended by adding a new section 2827 to
 read as follows:
   § 2827. 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
 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.

 A. 879                              3
 
   (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 HOUSING.
   (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.
   § 4. This act shall take effect immediately.