NY State Senate Bill 2021-S4692

Senate Bill S4692

2021-2022 Legislative Session

Relates to providing supports and services for youth suffering from adverse childhood experiences

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2022	reported and committed to finance
Jan 05, 2022	referred to social services
Feb 23, 2021	reported and committed to finance
Feb 08, 2021	referred to social services

Votes

- Jan 18, 2022 - Social Services Committee Vote
  S4692
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Jan 18, 2022
      
      aye (7)
      
      Felder
      
      Kavanagh
      
      Myrie
      
      Persaud
      
      Serino
      
      Serrano
      
      Weik
  Feb 23, 2021 - Social Services Committee Vote
  S4692
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Feb 23, 2021
      
      aye (7)
      
      Felder
      
      Kavanagh
      
      Myrie
      
      Persaud
      
      Serino
      
      Serrano
      
      Weik

2021-S4692 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Add §131-aaa, Art 5 Title 12-A §370-c, amd §390, Soc Serv L; amd §305, Ed L; add §2509-b, amd §2510, Pub Health L

2021-S4692 (ACTIVE) - Summary

Provides supports and services for youth suffering from adverse childhood experiences.

2021-S4692 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4692

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the social services law, the education law and the
public health law, in relation to providing supports and services for
youth suffering from adverse childhood experiences

 
PURPOSE OR GENERAL IDEA OF BILL:

Part of the response of New York State government to the Covid-19
Pandemic was to require New Yorkers to shelter in place. While that
order was appropriate, it has caused dramatic increases in incidents of
Domestic Violence, Child Abuse and several other traumatic Adverse
Childhood Experiences (ACES) for our children. New York State must now
act to mitigate the effects of this trauma by providing services for
these children as well as raise public awareness of the childhood trauma
that is unintended consequence of New York State policy.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Title 1 of Article 5 of the social services law by
adding a new section 131-AAA.

Section 2. Amends Article 5 of the social services law by adding a new
title 12A.

Section 3. Amends Title 12-A of Article 5 of the social services law by
adding a new section 370-C.

Section 3. Amends Subdivision 7 of section 390 of the social services
law by adding a new paragraph.

Section 4. Amends Section 305 of the education law by adding a new
subdivision 59.

Section 5. Amends Title 1 of Article of of the public health law by
adding a new section 2509-B.

Section 6. Amends Subdivision 7 of section 2510 of the public health
law, as amended by chapter 428 of the laws of 2013.

 
JUSTIFICATION:

Adverse Childhood Experiences (ACES) and their lasting impacts are a
root cause of many of society's most significant problems, including,
but not limited to increasing rates of homelessness, alcohol and
substance abuse, educational failures, healthcare crises, mass incarcer-
ation, and generational poverty. ACES come in the form of physical
abuse, physical neglect, sexual abuse, substance abuse and or the mental
illness of a family member, emotional abuse, the death of a parent,
divorce, incarceration, and exposure to domestic violence'.' Science has
confirmed that exposure to this trauma can physically alter the brain
structure of impacted children, hindering their executive function and
cognitive development. Specifically, elevated levels of cortisol in the
prefrontal cortex affects a child's ability to pay attention, plan,
self-monitor, self-regulate and their short-term memory, making it hard-
er for them to function in modern society. -Additionally, traumatized
children experience higher rates of headaches, fatigue, anxiety,
emotional outbursts, self-harm, eating disorders, alcohol and substance
abuse, and suicide. They are also exponentially more likely to suffer
from cardiovascular disease, asthma, obesity, cancer, heart disease, and
autoimmune diseases. This can create crippling effects on children's
development as they move towards and into adulthood, and makes them
exponentially more likely to fall victim to one or many of the numerous
societal problems mentioned above.

In addition to the severe human impacts that ACES have on millions of
children and families, the financial implications of this are nearly as
incomprehensible. The World Health Organization (WHO) estimates that the
United States collectively spends $740 billion every year on health
problems associated with ACES. This represents one-tenth of every munic-
ipal, state, and federal dollar spent by our governments.  Due to a lack
of education and resources available to identify, prevent, and mitigate
ACES, government agencies and service providers are frequently unable to
realize the integral role that ACES play in societal problems. This
allows these problems to metastasize and perpetuates a cycle of inter-
generational trauma.

Unfortunately, the outbreak of COVID-19 and the ensuing lockdown meas-
ures measures which must currently be held in place to maintain the
general welfare of New York and the country have permitted factors that
create ACES to ferment unchecked.

Domestic abuse, child sexual abuse, and mental health hotlines have
experienced spikes in the number of calls fielded and incidents reported
since the outbreak of COVID-19. In addition, children are losing their
parents to the virus, and rates of alcohol and substance abuse have
spiked across the United States. These are all contributors to ACES, and
millions of children are now at a higher risk of experiencing one or
more ACES - many of whom do not have safe outlets outside of the home
due to the lockdown restrictions. New York has historically stood at the
forefront of tackling seemingly insurmountable societal problems, and
must do so once again in the fight against childhood trauma. This bill
is one of many steps New York will need to take to address this problem.

This legislation will ensure that New York leads a coordinated effort to
prevent and mitigate Adverse Childhood Experiences. Specifically, this
bill will create a mechanism to identify where ACES are present, and
connect those affected to a system of supports and services that can
assist them on a case-by-case basis, tailored to their unique needs.

Children are not defined or doomed by their traumatic experiences, and
by bringing this issue to the forefront we can begin to provide then,
with tools to help them overcome their trauma and succeed.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A. 10540A- Hevesi

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S4692 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4692
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services  law,  the  education  law  and  the
   public  health law, in relation to providing supports and services for
   youth suffering from adverse childhood experiences

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 131-aaa to read as follows:
   § 131-AAA. AVAILABILITY OF  ADVERSE  CHILDHOOD  EXPERIENCES  SERVICES.
 EACH  LOCAL SOCIAL SERVICES DISTRICT SHALL BE REQUIRED TO PROVIDE APPLI-
 CANTS AND RECIPIENTS OF PUBLIC ASSISTANCE WHO ARE  A  PARENT,  GUARDIAN,
 CUSTODIAN  OR OTHERWISE RESPONSIBLE FOR A CHILD'S CARE, WITH EDUCATIONAL
 MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED
 SEVENTY-C OF THE SOCIAL SERVICES  LAW  TO  EDUCATE  THEM  ABOUT  ADVERSE
 CHILDHOOD  EXPERIENCES,  THE  IMPORTANCE  OF  PROTECTIVE FACTORS AND THE
 AVAILABILITY OF SERVICES FOR CHILDREN AT  RISK  FOR  OR  SUFFERING  FROM
 ADVERSE  CHILDHOOD  EXPERIENCES.  THE  EDUCATIONAL MATERIALS MAY BE MADE
 AVAILABLE ELECTRONICALLY AND SHALL BE PROVIDED AT THE TIME  OF  APPLICA-
 TION, RECERTIFICATION AND ANY OTHER INSTANCES THE APPLICANT OR RECIPIENT
 MAKES CONTACT WITH THE LOCAL SOCIAL SERVICES DISTRICT.
   §  2.  Article 5 of the social services law is amended by adding a new
 title 12-A to read as follows:
                                TITLE 12-A
          SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE
                           CHILDHOOD EXPERIENCES
 SECTION 370-C. SUPPORTS AND SERVICES FOR YOUTH  SUFFERING  FROM  ADVERSE
                  CHILDHOOD EXPERIENCES.
   § 370-C. SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE CHILD-
 HOOD  EXPERIENCES.  1. YOUTH SUFFERING FROM OR AT RISK OF ADVERSE CHILD-
 HOOD EXPERIENCES, AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01680-01-1

 S. 4692                             2
 
 SECTION  TWENTY-D  OF  THIS  CHAPTER,  SHALL  BE ELIGIBLE FOR A RANGE OF
 APPROPRIATE SERVICES AND SUPPORTS, WHICH  SHALL  BE  BENEFICIAL  TO  THE
 HEALTH  AND  WELL-BEING  OF THE YOUTH. SUCH SERVICES SHALL BE CULTURALLY
 COMPETENT,  EVIDENCE  BASED  AND TRAUMA INFORMED AND INCLUDE, BUT NOT BE
 LIMITED TO APPROPRIATE HEALTH AND  BEHAVIORAL  HEALTH  SERVICES  COVERED
 UNDER SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED TEN OF THE PUBLIC
 HEALTH  LAW AND SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF
 THIS ARTICLE; PREVENTIVE SERVICES PROVIDED PURSUANT TO  SUBDIVISION  TWO
 OF  SECTION  FOUR  HUNDRED FIFTY-EIGHT-M OF THIS CHAPTER, ENHANCEMENT OF
 PROTECTIVE FACTORS AND ANY  OTHER  SERVICES  NECESSARY  TO  SERVE  YOUTH
 SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES.
   2.  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE OFFICE OF  MENTAL
 HEALTH, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS AND THE DEPARTMENT
 OF HEALTH, SHALL DEVELOP OR UTILIZE EXISTING EDUCATIONAL MATERIALS TO BE
 USED  TO  EDUCATE  PARENTS,  GUARDIANS  AND OTHER AUTHORIZED INDIVIDUALS
 ABOUT ADVERSE CHILDHOOD EXPERIENCES INCLUDING THE  ENVIRONMENTAL  EVENTS
 THAT MAY IMPACT OR LEAD TO ADVERSE CHILDHOOD EXPERIENCES, THE IMPORTANCE
 OF  PROTECTIVE  FACTORS AND THE AVAILABILITY OF SERVICES FOR CHILDREN AT
 RISK OF OR SUFFERING FROM ADVERSE CHILDHOOD EXPERIENCES.  SUCH  INFORMA-
 TION  SHALL BE MADE AVAILABLE ELECTRONICALLY AND SHALL BE POSTED ON EACH
 AGENCY'S WEBSITE.
   § 3. Subdivision 7 of section  390  of  the  social  services  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES SHALL IMPLEMENT A
 STATEWIDE CAMPAIGN TO EDUCATE PARENTS AND OTHER POTENTIAL  CONSUMERS  OF
 CHILD  DAY CARE PROGRAMS ABOUT ADVERSE CHILDHOOD EXPERIENCES, THE IMPOR-
 TANCE OF PROTECTIVE FACTORS, AND THE AVAILABILITY OF SERVICES FOR  CHIL-
 DREN  AT  RISK  FOR  OR  EXPERIENCING  ADVERSE  CHILDHOOD EXPERIENCES AS
 DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-D OF  THIS
 CHAPTER.  SUCH  STATEWIDE CAMPAIGN, SHALL INCLUDE BUT IS NOT LIMITED TO,
 PROVIDING ALL LICENSED, REGISTERED AND  ENROLLED  CHILD  CARE  PROVIDERS
 WITH  EDUCATIONAL  MATERIALS  DEVELOPED  PURSUANT  TO SUBDIVISION TWO OF
 SECTION THREE HUNDRED SEVENTY-C OF THIS CHAPTER. THE EDUCATIONAL MATERI-
 ALS MAY BE MADE  AVAILABLE  ELECTRONICALLY  AND  SHALL  BE  PROVIDED  TO
 PARENTS AND OTHER POTENTIAL CONSUMERS AT THE TIME OF ENROLLMENT AND ONCE
 EVERY SIX MONTHS DURING THE TIME OF THEIR CHILD'S ENROLLMENT.
   §  4.  Section  305  of  the  education law is amended by adding a new
 subdivision 59 to read as follows:
   59. THE COMMISSIONER SHALL MAKE AVAILABLE EDUCATIONAL MATERIALS DEVEL-
 OPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED  SEVENTY-C  OF
 THE  SOCIAL  SERVICES  LAW TO EVERY SCHOOL DISTRICT AND BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES FOR THE PURPOSE OF EDUCATING PARENTS, GUARDI-
 ANS AND OTHER AUTHORIZED INDIVIDUALS RESPONSIBLE FOR  THE  CHILD'S  CARE
 ABOUT  ADVERSE  CHILDHOOD  EXPERIENCES,  THE  IMPORTANCE  OF  PROTECTIVE
 FACTORS, AND THE AVAILABILITY OF SERVICES FOR CHILDREN AT  RISK  FOR  OR
 EXPERIENCING  ADVERSE  CHILDHOOD  EXPERIENCES.  THE  COMMISSIONER  SHALL
 PROVIDE THAT SUCH EDUCATIONAL MATERIALS ARE MADE AVAILABLE ONLINE PURSU-
 ANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-C OF THE  SOCIAL
 SERVICES LAW.
   §  5.  The public health law is amended by adding a new section 2509-b
 to read as follows:
   § 2509-B. AVAILABILITY  OF  ADVERSE  CHILDHOOD  EXPERIENCES  SERVICES.
 EVERY  PEDIATRICS  HEALTHCARE  PROVIDER LICENSED PURSUANT TO ARTICLE ONE
 HUNDRED THIRTY-ONE OF THE EDUCATION LAW SHALL BE REQUIRED TO PROVIDE THE
 PARENT, GUARDIAN, CUSTODIAN OR OTHER AUTHORIZED INDIVIDUAL  OF  A  CHILD

 S. 4692                             3

 THAT  THE PEDIATRICIAN SEES IN THEIR OFFICIAL CAPACITY, WITH EDUCATIONAL
 MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED
 SEVENTY-C OF THE SOCIAL SERVICES LAW. SUCH  MATERIALS  MAY  BE  PROVIDED
 ELECTRONICALLY  AND  SHALL  BE  USED  TO  INFORM  AND EDUCATE THEM ABOUT
 ADVERSE CHILDHOOD EXPERIENCES, THE IMPORTANCE OF PROTECTIVE FACTORS  AND
 THE  AVAILABILITY  OF  SERVICES FOR CHILDREN AT RISK FOR OR EXPERIENCING
 ADVERSE CHILDHOOD EXPERIENCES.
   § 6. Subdivision 7 of section  2510  of  the  public  health  law,  as
 amended  by  chapter  428  of  the  laws  of 2013, is amended to read as
 follows:
   7. "Covered health care services" means: the services  of  physicians,
 optometrists,  nurses,  nurse  practitioners, midwives and other related
 professional personnel  which  are  provided  on  an  outpatient  basis,
 including  routine well-child visits; diagnosis and treatment of illness
 and injury; inpatient health care services; laboratory tests; diagnostic
 x-rays; prescription and  non-prescription  drugs  and  durable  medical
 equipment;  radiation  therapy;  chemotherapy;  hemodialysis; outpatient
 blood  clotting  factor  products  and  other  treatments  and  services
 furnished  in  connection  with  the  care of hemophilia and other blood
 clotting  protein  deficiencies;  emergency   room   services;   hospice
 services;  emergency,  preventive  and  routine  dental  care, including
 medically necessary orthodontia but excluding cosmetic surgery; emergen-
 cy, preventive and routine vision care, including eyeglasses; speech and
 hearing services; and, inpatient and outpatient mental  health,  alcohol
 and substance abuse services as defined by the commissioner in consulta-
 tion  with  the  superintendent.  FOR  YOUTH AT RISK FOR OR EXPERIENCING
 ADVERSE CHILDHOOD EXPERIENCES, AS DEFINED IN SUBDIVISION ONE OF  SECTION
 THREE  HUNDRED SEVENTY-C OF THE SOCIAL SERVICES LAW, COVERED HEALTH CARE
 SERVICES SHALL ALSO INCLUDE: (A) CHILDREN'S MENTAL HEALTH REHABILITATION
 SERVICES INCLUDING, BUT NOT LIMITED TO, THOSE COVERED BY MEDICAL ASSIST-
 ANCE PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE  OF  THE  SOCIAL  SERVICES
 LAW, COMMUNITY PSYCHIATRIC SUPPORT AND TREATMENT SERVICES, AND PSYCHOSO-
 CIAL  REHABILITATION  SERVICES,  ASSUMING  SUCH CHILDREN'S MENTAL HEALTH
 REHABILITATION SERVICES ARE PROVIDED BY INDIVIDUALS ACTING WITHIN  THEIR
 LAWFUL SCOPE OF PRACTICE AS ESTABLISHED UNDER THE EDUCATION LAW; AND (B)
 TRAUMA INFORMED CARE THAT INCLUDES THE IDENTIFICATION OF AND APPROPRIATE
 REACTION AND TREATMENT TO ADVERSE CHILDHOOD EXPERIENCES. "Covered health
 care  services" shall not include drugs, procedures and supplies for the
 treatment of erectile dysfunction when provided to,  or  prescribed  for
 use  by, a person who is required to register as a sex offender pursuant
 to article six-C of the correction law,  provided  that  any  denial  of
 coverage of such drugs, procedures or supplies shall provide the patient
 with  the  means of obtaining additional information concerning both the
 denial and the means of challenging such denial.
   § 7. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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