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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7204
SPONSOR: Bichotte Hermelyn 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 I: 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 long-
term prognosis. By screening at twelve months and subsequent pivotal
stages, we maximize the window for early intervention, optimizing devel-
opmental trajectories. Despite advancements, many children with ASD
remain undiagnosed until later ages, missing crucial intervention oppor-
tunities. 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 indi-
viduals.
The Centers for Disease Control and Prevention (CDC) recommends ASD
screening 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, educa-
tional, 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 socie-
tal well-being. ASD prevalence is consistent across diverse populations,
yet disparities exist in access to early screening and intervention
services. Legislation mandating screening at wellness visits ensures
equitable access to diagnostic resources, irrespective of socioeconomic
status, geographic location, or healthcare provider. By prioritizing
early detection as a standard of care, we promote health equi ty and
address systemic barriers 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::
05/14/24 print number 9465a
05/14/24 amend (t) and recommit to health
03/14/24 referred to health
FISCAL IMPLICATION::
None.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7204
2025-2026 Regular Sessions
IN ASSEMBLY
March 21, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN, COLTON, CONRAD, HEVESI, RAMOS,
REYES -- read once and referred 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:
1 Section 1. Section 2500-j of the public health law, as added by chap-
2 ter 335 of the laws of 2008, the opening paragraph of subdivision 1 as
3 amended by chapter 241 of the laws of 2018, is amended to read as
4 follows:
5 § 2500-j. [Autism spectrum disorders; screening of children] Pediatric
6 wellness visits; screening for autism spectrum disorders. 1. The commis-
7 sioner shall [establish, for use by], jointly with the commissioner of
8 the office for people with developmental disabilities, and on or before
9 May first, two thousand twenty-six, promulgate rules and regulations
10 requiring every pediatric primary care [providers, best practice proto-
11 cols for early screening of children for autism spectrum disorders,
12 including but not limited to developmental screening for children three
13 years of age and under. Such protocols shall incorporate standards and
14 guidelines established by the American Academy of Pediatrics, shall be
15 updated at least biennially, and shall include, but not be limited to:]
16 provider, conducting a wellness and preventative care examination, on or
17 after September first, two thousand twenty-six, of a child twelve months
18 of age or older, to screen such child for autism spectrum disorders, and
19 conduct such screening annually until the child reaches six years of
20 age, and thereafter at eleven and fourteen years of age.
21 2. In addition, such rules and regulations shall establish guidelines
22 and protocols for:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07322-01-5
A. 7204 2
1 (a) the best practices for the screening for and diagnosis of autism
2 spectrum disorders;
3 (b) the routine employment of objective autism spectrum disorder
4 screening tools [at regular intervals during critical childhood develop-
5 mental stages;
6 (b) a provider/parental dialogue, utilizing the modified checklist for
7 autism in toddlers as a reference, intended to educate parents in regard
8 to autism spectrum disorders]; and
9 (c) an appropriate referral mechanism for children who, based upon
10 results of the aforementioned screening process, require further evalu-
11 ation.
12 [2. The modified checklist for autism in toddlers referred to in
13 subdivision one of this section shall be accessible by the public on the
14 department's internet website.
15 3. The commissioner shall promulgate any rules and regulations neces-
16 sary to implement the provisions of this section.] 3. If the commission-
17 er and the commissioner of the office for people with developmental
18 disabilities shall fail to promulgate, on or before May first, two thou-
19 sand twenty-six, the rules and regulations required by subdivisions one
20 and two of this section, the department shall adopt and implement the
21 relevant federal rules and regulations relating thereto.
22 § 2. The mental hygiene law is amended by adding a new section 16.39
23 to read as follows:
24 § 16.39 Pediatric wellness visits; screening for autism spectrum disor-
25 ders.
26 The commissioner shall, jointly with the commissioner of health, and
27 on or before May first, two thousand twenty-six, promulgate any and all
28 rules and regulations required by subdivisions one and two of section
29 twenty-five hundred-j of the public health law relating to the screening
30 of children for autism spectrum disorders.
31 § 3. This act shall take effect immediately.
