S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2047
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens.  BONACIC, PARKER, ROBACH -- 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
 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
 and  adherents  of  a  recognized religious organization whose teachings
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02951-01-7

 S. 2047                             2
 
 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.
   (III) RESIDENTIAL SERVICES THAT PROVIDE SHORT-TERM RESIDENTIAL SUPPORT
 FOR  CHILDREN  ADMITTED  TO  THE CENTER WHO REQUIRE A SHORT STAY FOR THE

 S. 2047                             3
 
 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.