S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4916
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 section 2 of part E of chapter 57 of the  laws  of  2023,  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, a rural emer-
 gency hospital under 42 USC 1395x(kkk), or successor provisions,  dental
 clinic,  dental  dispensary, rehabilitation center other than a facility
 used solely for vocational rehabilitation,  nursing  home,  tuberculosis
 hospital,  chronic disease hospital, maternity hospital, midwifery birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary,  COMPREHENSIVE AUTISM ASSESSMENT CENTER, and a laboratory or
 central service facility serving one or more such institutions, 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.
                                                            LBD08259-01-5
              

 S. 4916                             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. No provision of this arti-
 cle or any other provision of law shall be construed to: (a)  limit  the
 volume  of  mental  health,  substance use disorder services or develop-
 mental disability services that can be provided by a provider of primary
 care services licensed under this  article  and  authorized  to  provide
 integrated services in accordance with regulations issued by the commis-
 sioner  in  consultation  with  the commissioner of the office of mental
 health, the commissioner of the  office  of  [alcoholism  and  substance
 abuse  services] ADDICTION SERVICES AND SUPPORTS and the commissioner of
 the office for people with developmental disabilities,  including  regu-
 lations  issued  pursuant  to subdivision seven of section three hundred
 sixty-five-l of the social services law or part L of  chapter  fifty-six
 of  the  laws  of  two  thousand twelve; (b) require a provider licensed
 pursuant to article thirty-one of the mental hygiene  law  or  certified
 pursuant  to article sixteen or article thirty-two of the mental hygiene
 law to obtain an operating  certificate  from  the  department  if  such
 provider  has  been authorized to provide integrated services in accord-
 ance with regulations issued by the commissioner  in  consultation  with
 the commissioner of the office of mental health, the commissioner of the
 office  of  [alcoholism and substance abuse services] ADDICTION SERVICES
 AND SUPPORTS and the commissioner of the office for people with develop-
 mental disabilities, including regulations issued pursuant  to  subdivi-
 sion  seven of section three hundred sixty-five-l of the social services
 law or part L of chapter fifty-six of the laws of two thousand twelve.
   § 2. Section 2801 of the public health law is amended by adding a  new
 subdivision 15 to read as follows:
   15.  "COMPREHENSIVE  AUTISM  ASSESSMENT  CENTER" MEANS A COMPREHENSIVE
 AUTISM ASSESSMENT CENTER UNDER SECTION TWENTY-EIGHT  HUNDRED  THIRTY-TWO
 OF THIS ARTICLE.
   §  3. The public health law is amended by adding a new section 2832 to
 read as follows:
   § 2832. 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
 S. 4916                             3
 
 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
 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 AND 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.
 S. 4916                             4
 
   (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.