NY State Senate Bill 2025-S3898

Senate Bill S3898

2025-2026 Legislative Session

Requires pediatric care providers to screen every child beginning at the age of twelve months for autism spectrum disorders

download bill text pdf

Current Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to health

2025-S3898 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2500-j, Pub Health L; add §16.39, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6201
2011-2012: S3404
2013-2014: S2832
2015-2016: S2875
2017-2018: S2432
2019-2020: S3741
2021-2022: S3304
2023-2024: S4741

2025-S3898 (ACTIVE) - Summary

Directs the commissioner of health and commissioner of the office for people with developmental disabilities to jointly promulgate rules and regulations requiring pediatric health care providers to screen children beginning at the age of 12 months for autism spectrum disorders during each wellness and preventative care examination and to conduct such screening annually until such child reaches age six, and thereafter at eleven and fourteen years of age.

2025-S3898 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3898

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public health law and the mental hygiene law, in
relation to directing the commissioner of health and the commissioner of
the office for people with developmental disabilities to promulgate
rules and regulations requiring every child beginning at the age of
twelve months to be examined for autism spectrum disorders

 
PURPOSE:

Requires the commissioner of the office for people with developmental
disabilities and the commissioner of health to promulgate rules and
regulations set forth by section 2500-j, which shall require pediatric
primary care providers to conduct autism spectrum disorder (ASD) screen-
ing during annual wellness and preventative care examination for chil-
dren beginning at the age of 12 months and thereafter at specific inter-
vals throughout childhood

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 2500-j of the public health law

Section 2: Amends the mental hygiene law by adding a new section 16.39

Section 3: Provides the effective date

 
JUSTIFICATION:

Autism Spectrum Disorders (ASD) affect millions worldwide, impacting
individuals' social interactions, communication skills, and behavior.
Early detection and intervention significantly improve outcomes, yet
many cases remain undiagnosed until later stages. This delay hinders
timely interventions critical for enhancing quality of life. Hence,
legislating screening for ASD at wellness and preventative care visits
is imperative to ensure early identification and intervention.  Research
consistently demonstrates the benefits of early intervention for ASD.
Interventions initiated before three years of age significantly improve
cognitive, language, and adaptive functioning, enhancing longterm prog-
nosis. By screening at twelve months and subsequent pivotal stages, we
maximize the window for early intervention, optimizing developmental
trajectories. Despite advancements, many children with ASD remain undi-
agnosed until later ages, missing crucial intervention opportunities. By
incorporating ASD screening into routine wellness visits, we identify
cases earlier, reducing the burden on families, healthcare systems, and
society. Early detection empowers families to access support services
promptly, fostering better outcomes for affected individuals.  The
Centers for Disease Control and Prevention -(CDC) recommends ASD screen-
ing at 9, 18, and 30 months, underscoring the importance of early
detection. However, this guidance often gets overlooked or inconsistent-
ly implemented. Legislative action standardizes screening protocols,
ensuring universal access and adherence to evidence-based practices,
aligning with public health goals of early intervention and improved
outcomes.

Early detection and intervention not only improve individual outcomes
but also yield substantial cost savings over the lifespan. By investing
in early screening, we mitigate long-term healthcare, educational, and
societal costs associated with untreated ASD.  Proactive measures such
as legislative mandates for screening represent prudent investments in
public health, maximizing resource utilization and societal well-being.

ASD prevalence is consistent across diverse populations, yet disparities
exist in access to early screening and intervention services. Legis-
lation mandating screening at wellness visits ensures equitable access
to diagnostic resources, irrespective of socioeconomic status, geograph-
ic location, or healthcare provider. By prioritizing early detection as
a standard of care, we promote health equity and address systemic barri-
ers to timely ASD diagnosis and intervention.

Legislating screening for ASD at wellness and preventative care visits,
starting at twelve months of age and subsequently at key developmental
stages, is a proactive step towards improving outcomes for individuals
with ASD. By aligning with CDC recommendations, evidence-based practice,
and principles of equity and cost-effectiveness, such legislation prior-
itizes early intervention, resource optimization, and health equity.
Together, we can enhance the well-being and potential of individuals
with ASD, fostering a more inclusive and supportive society.

 
LEGISLATIVE HISTORY:

2023-24: S4741C- Referred to Health

2021-22: S.3304 - Referred to Health

2019-20: S.3741 - Referred to Health

2017-18: S.2432 - Referred to Health

2015-16: S.2875 A - Referred to Health

2013-14: S.2832 A - Referred to Health

2011-12: S.3404 - Referred to Health

2009-10: S.6201 - Referred to Health

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3898 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3898
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the  mental  hygiene  law,  in
   relation  to directing the commissioner of health and the commissioner
   of the office for people with developmental disabilities to promulgate
   rules and regulations requiring every child beginning at  the  age  of
   twelve months to be examined for autism spectrum disorders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2500-j of the public health law, as added by  chap-
 ter  335  of the laws of 2008, the opening paragraph of subdivision 1 as
 amended by chapter 241 of the laws  of  2018,  is  amended  to  read  as
 follows:
   § 2500-j. [Autism spectrum disorders; screening of children] PEDIATRIC
 WELLNESS VISITS; SCREENING FOR AUTISM SPECTRUM DISORDERS. 1. The commis-
 sioner  shall  [establish, for use by], JOINTLY WITH THE COMMISSIONER OF
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND ON OR  BEFORE
 MAY  FIRST,  TWO  THOUSAND  TWENTY-SIX, PROMULGATE RULES AND REGULATIONS
 REQUIRING EVERY pediatric primary care [providers, best practice  proto-
 cols  for  early  screening  of  children for autism spectrum disorders,
 including but not limited to developmental screening for children  three
 years  of  age and under. Such protocols shall incorporate standards and
 guidelines established by the American Academy of Pediatrics,  shall  be
 updated  at least biennially, and shall include, but not be limited to:]
 PROVIDER, CONDUCTING A WELLNESS AND PREVENTATIVE CARE EXAMINATION, ON OR
 AFTER SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX, OF A CHILD TWELVE MONTHS
 OF AGE OR OLDER, TO SCREEN SUCH CHILD FOR AUTISM SPECTRUM DISORDERS, AND
 CONDUCT SUCH SCREENING ANNUALLY UNTIL THE CHILD  REACHES  SIX  YEARS  OF
 AGE, AND THEREAFTER AT ELEVEN AND FOURTEEN YEARS OF AGE.
   2.  IN ADDITION, SUCH RULES AND REGULATIONS SHALL ESTABLISH GUIDELINES
 AND PROTOCOLS FOR:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07322-01-5

 S. 3898                             2
 
   (a) THE BEST PRACTICES FOR THE SCREENING FOR AND DIAGNOSIS  OF  AUTISM
 SPECTRUM DISORDERS;
   (B)  the  routine  employment  of  objective  autism spectrum disorder
 screening tools [at regular intervals during critical childhood develop-
 mental stages;
   (b) a provider/parental dialogue, utilizing the modified checklist for
 autism in toddlers as a reference, intended to educate parents in regard
 to autism spectrum disorders]; and
   (c) an appropriate referral mechanism for  children  who,  based  upon
 results  of the aforementioned screening process, require further evalu-
 ation.
   [2. The modified checklist for  autism  in  toddlers  referred  to  in
 subdivision one of this section shall be accessible by the public on the
 department's internet website.
   3.  The commissioner shall promulgate any rules and regulations neces-
 sary to implement the provisions of this section.] 3. IF THE COMMISSION-
 ER AND THE COMMISSIONER OF THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES SHALL FAIL TO PROMULGATE, ON OR BEFORE MAY FIRST, TWO THOU-
 SAND  TWENTY-SIX, THE RULES AND REGULATIONS REQUIRED BY SUBDIVISIONS ONE
 AND TWO OF THIS SECTION, THE DEPARTMENT SHALL ADOPT  AND  IMPLEMENT  THE
 RELEVANT FEDERAL RULES AND REGULATIONS RELATING THERETO.
   §  2.  The mental hygiene law is amended by adding a new section 16.39
 to read as follows:
 § 16.39 PEDIATRIC WELLNESS VISITS; SCREENING FOR AUTISM SPECTRUM  DISOR-
           DERS.
   THE  COMMISSIONER  SHALL, JOINTLY WITH THE COMMISSIONER OF HEALTH, AND
 ON OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-SIX, PROMULGATE ANY AND  ALL
 RULES  AND  REGULATIONS  REQUIRED BY SUBDIVISIONS ONE AND TWO OF SECTION
 TWENTY-FIVE HUNDRED-J OF THE PUBLIC HEALTH LAW RELATING TO THE SCREENING
 OF CHILDREN FOR AUTISM SPECTRUM DISORDERS.
   § 3. This act shall take effect immediately.

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