A01663 Summary:

BILL NO    A01663A

SAME AS    SAME AS S03044-A

SPONSOR    Abinanti (MS)

COSPNSR    Ortiz, Curran, Stirpe, Weisenberg, Colton, Millman, Gunther, Abbate,
           Titus, Pretlow, Moya, Crespo, Zebrowski, Titone, Jaffee, Cahill,
           Weprin, Englebright, Lavine, Cusick, Markey, Roberts, Kearns,
           Simanowitz, Barrett, Quart, Rodriguez, Schimel, Santabarbara, Camara,
           Benedetto, Brindisi, Skoufis, Miller, Cook, Corwin, Rosenthal, Otis

MLTSPNSR   Arroyo, Barclay, Borelli, Brennan, Crouch, Cymbrowitz, Duprey, Graf,
           Hooper, Jacobs, Johns, Katz, McDonald, McDonough, McKevitt,
           McLaughlin, Montesano, O'Donnell, Paulin, Perry, Raia, Schimminger,
           Skartados, Stec, Sweeney, Thiele, Walter

Amd S1.03, Ment Hyg L; amd SS3216, 3221 & 4303, Ins L

Relates to the definition of autism and autism spectrum disorder.
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A01663 Actions:

BILL NO    A01663A

01/09/2013 referred to mental health
04/29/2013 amend (t) and recommit to mental health
04/29/2013 print number 1663a
06/04/2013 reported referred to ways and means
06/13/2013 reported referred to rules
06/17/2013 reported 
06/17/2013 rules report cal.299
06/17/2013 ordered to third reading rules cal.299
06/17/2013 amended on third reading (t) 1663b
06/17/2013 amended by restoring to previous print 1663a
06/17/2013 restored to third reading
06/18/2013 passed assembly
06/18/2013 delivered to senate
06/18/2013 REFERRED TO RULES
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.90
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A01663 Memo:

BILL NUMBER:A1663A

TITLE OF BILL:  An act to amend the mental hygiene law and the
insurance law, in relation to the definition of autism and autism
spectrum disorder

PURPOSE OR GENERAL IDEA OF BILL: To insert into the mental hygiene law
a definition of autism and other autism spectrum disorders. The
definition is the currently generally accepted definition as set forth
in the American Psychiatric Association's Diagnostic and Statistical
Manual of Mental Disorders (DSM).

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Section 1.03 of the
mental hygiene law by adding a new subdivision 59 to define autism to
mean a pervasive developmental disorder that meets the criteria set
forth in the subdivision, including Autistic Disorder, Asperger's
Disorder, Pervasive Developmental Disorder Not Otherwise Specified,
Rhett's Disorder and Childhood Disintegrative Disorder.

Sections 2 through 4 make conforming changes to the insurance law.

Section 5 is the effective date.

JUSTIFICATION: Presently, New York's Mental. Hygiene law fails to
include a definition of autism and other autism spectrum disorders
even though it refers to the terms.  The Mental Hygiene law should
include a definition for disorders that are referenced in the statute
and which are now occurring in a significant number of our children.
Currently at least 1 in 88 children are diagnosed with autism or
another autism spectrum disorder.

LEGISLATIVE HISTORY: A.9983, 2012 referred to Mental Health, reported
referred to ways and means. Same as S.7072 (McDonald), 2012 referred
to,Mental Health and Developmental Disabilities.

FISCAL IMPLICATIONS: : None to the State.

EFFECTIVE DATE: Immediately.
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A01663 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1663--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A.  ABINANTI, ORTIZ, CURRAN, STIRPE, WEISENBERG,
         COLTON,  MILLMAN,  GUNTHER,  ABBATE,  TITUS,  PRETLOW,  MOYA,  CRESPO,
         MAISEL,   ZEBROWSKI,  TITONE,  JAFFEE,  CAHILL,  WEPRIN,  ENGLEBRIGHT,
         LAVINE,  CUSICK,  STEVENSON,  MARKEY,  ROBERTS,  KEARNS,   SIMANOWITZ,
         BARRETT,  GABRYSZAK,  QUART, RODRIGUEZ, SCHIMEL, SANTABARBARA, CAMARA,
         BENEDETTO, BRINDISI, SKOUFIS, V. LOPEZ, MILLER,  COOK  --  Multi-Spon-
         sored  by  --  M.  of  A.  ARROYO, BARCLAY, BORELLI, BOYLAND, BRENNAN,
         CORWIN, CROUCH, CYMBROWITZ, DUPREY,  GIBSON,  HOOPER,  JACOBS,  JOHNS,
         KATZ, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN, MONTESANO, O'DONNELL,
         PERRY,  RABBITT,  RAIA, SCHIMMINGER, SKARTADOS, STEC, SWEENEY, THIELE,
         WALTER -- read once and referred to the Committee on Mental Health  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee

       AN ACT to amend the  mental  hygiene  law  and  the  insurance  law,  in
         relation to the definition of autism and autism spectrum disorder

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 1.03 of the mental hygiene law is amended by adding
    2  a new subdivision 59 to read as follows:
    3    59. "AUTISM" MEANS A PERVASIVE DEVELOPMENTAL DISORDER THAT  MEETS  ANY
    4  OF THE FOLLOWING CRITERIA:
    5    (A) AUTISTIC DISORDER, WHICH IS:
    6    (I)  THE  DIAGNOSES OF AT LEAST SIX OF THE FOLLOWING SYMPTOMS, WITH AT
    7  LEAST TWO SYMPTOMS COMING FROM CLAUSE  ONE  OF  THIS  SUBPARAGRAPH,  ONE
    8  SYMPTOM  COMING  FROM  CLAUSE  TWO OF THIS SUBPARAGRAPH, AND ONE SYMPTOM
    9  COMING FROM CLAUSE THREE OF THIS SUBPARAGRAPH.
   10    (1) QUALITATIVE IMPAIRMENT IN SOCIAL INTERACTION, AS MANIFESTED BY  AT
   11  LEAST TWO OF THE FOLLOWING:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02950-04-3
       A. 1663--A                          2

    1    (A) MARKED IMPAIRMENT IN THE USE OF MULTIPLE, NONVERBAL BEHAVIORS SUCH
    2  AS  EYE-TO-EYE  GAZE, FACIAL EXPRESSION, BODY POSTURES, AND GESTURES, TO
    3  REGULATE SOCIAL INTERACTION.
    4    (B) FAILURE TO DEVELOP PEER RELATIONSHIPS APPROPRIATE TO DEVELOPMENTAL
    5  LEVEL.
    6    (C)  A  LACK  OF SPONTANEOUS SEEKING TO SHARE ENJOYMENT, INTERESTS, OR
    7  ACHIEVEMENTS WITH OTHER PEOPLE (E.G., BY A LACK OF SHOWING, BRINGING, OR
    8  POINTING OUT OBJECTS OF INTEREST).
    9    (D) LACK OF SOCIAL OR EMOTIONAL RECIPROCITY.
   10    (2) QUALITATIVE IMPAIRMENTS IN COMMUNICATION AS MANIFESTED BY AT LEAST
   11  ONE OF THE FOLLOWING:
   12    (A) DELAY IN, OR TOTAL LACK OF, THE  DEVELOPMENT  OF  SPOKEN  LANGUAGE
   13  (NOT  ACCOMPANIED  BY AN ATTEMPT TO COMPENSATE THROUGH ALTERNATIVE MODES
   14  OF COMMUNICATION SUCH AS GESTURE OR MIME).
   15    (B) IN INDIVIDUALS WITH ADEQUATE  SPEECH,  MARKED  IMPAIRMENT  IN  THE
   16  ABILITY TO INITIATE OR SUSTAIN A CONVERSATION WITH OTHERS.
   17    (C)  STEREOTYPED  AND  REPETITIVE  USE  OF  LANGUAGE  OR IDIOSYNCRATIC
   18  LANGUAGE.
   19    (D) LACK OF VARIED, SPONTANEOUS MAKE-BELIEVE PLAY OR SOCIAL  IMITATIVE
   20  PLAY APPROPRIATE TO DEVELOPMENTAL LEVEL.
   21    (3) RESTRICTED REPETITIVE AND STEREOTYPED PATTERNS OF BEHAVIOR, INTER-
   22  ESTS, AND ACTIVITIES, AS MANIFESTED BY AT LEAST ONE OF THE FOLLOWING:
   23    (A)  ENCOMPASSING  PREOCCUPATION  WITH  ONE  OR  MORE  STEREOTYPED AND
   24  RESTRICTED PATTERNS OF INTEREST THAT IS ABNORMAL EITHER IN INTENSITY  OR
   25  FOCUS.
   26    (B)   APPARENTLY   INFLEXIBLE  ADHERENCE  TO  SPECIFIC,  NONFUNCTIONAL
   27  ROUTINES OR RITUALS.
   28    (C) STEREOTYPED AND REPETITIVE MOTOR MANNERS  (E.G.,  HAND  OR  FINGER
   29  FLAPPING OR TWISTING, OR COMPLEX WHOLE-BODY MOVEMENTS).
   30    (D) PERSISTENT PREOCCUPATION WITH PARTS OF OBJECTS.
   31    (II)  DELAYS  OR ABNORMAL FUNCTIONING IN AT LEAST ONE OF THE FOLLOWING
   32  AREAS, WITH ONSET PRIOR TO THREE YEARS OF AGE:
   33    (1) SOCIAL INTERACTION,
   34    (2) LANGUAGE AS USED IN SOCIAL COMMUNICATION, OR
   35    (3) SYMBOLIC OR IMAGINATIVE PLAY.
   36    (III) THE DISTURBANCE IS NOT BETTER ACCOUNTED FOR BY  RETT'S  DISORDER
   37  OR CHILDHOOD DISINTEGRATIVE DISORDER.
   38    (B) ASPERGER'S DISORDER, WHICH IS:
   39    (I)  QUALITATIVE IMPAIRMENT IN SOCIAL INTERACTION, AS MANIFESTED BY AT
   40  LEAST TWO OF THE FOLLOWING:
   41    (1) MARKED IMPAIRMENT IN THE USE OF MULTIPLE NONVERBAL BEHAVIORS  SUCH
   42  AS  EYE-TO-EYE  GAZE,  FACIAL EXPRESSION, BODY POSTURES, AND GESTURES TO
   43  REGULATE SOCIAL INTERACTION.
   44    (2) FAILURE TO DEVELOP PEER RELATIONSHIPS APPROPRIATE TO DEVELOPMENTAL
   45  LEVEL.
   46    (3) A LACK OF SPONTANEOUS SEEKING TO SHARE  ENJOYMENT,  INTERESTS,  OR
   47  ACHIEVEMENTS WITH OTHER PEOPLE (E.G., BY A LACK OF SHOWING, BRINGING, OR
   48  POINTING OUT OBJECTS OF INTEREST TO OTHER PEOPLE).
   49    (4) LACK OF SOCIAL OR EMOTIONAL RECIPROCITY.
   50    (II)  RESTRICTED  REPETITIVE  AND  STEREOTYPED  PATTERNS  OF BEHAVIOR,
   51  INTERESTS AND ACTIVITIES, AS MANIFESTED BY AT LEAST ONE OF  THE  FOLLOW-
   52  ING:
   53    (1)  ENCOMPASSING  PREOCCUPATION  WITH  ONE  OR  MORE  STEREOTYPED AND
   54  RESTRICTED PATTERNS OF INTEREST THAT IS ABNORMAL EITHER IN INTENSITY  OR
   55  FOCUS.
       A. 1663--A                          3

    1    (2)   APPARENTLY   INFLEXIBLE  ADHERENCE  TO  SPECIFIC,  NONFUNCTIONAL
    2  ROUTINES OR RITUALS.
    3    (3)  STEREOTYPED AND REPETITIVE MOTOR MANNERISMS (E.G., HAND OR FINGER
    4  FLAPPING OR TWISTING, OR COMPLEX WHOLE-BODY MOVEMENTS).
    5    (4) PERSISTENT PREOCCUPATION WITH PARTS OF OBJECTS.
    6    (III) THE DISTURBANCE  CAUSES  CLINICALLY  SIGNIFICANT  IMPAIRMENT  IN
    7  SOCIAL, OCCUPATIONAL, OR OTHER IMPORTANT AREAS OF FUNCTIONING.
    8    (IV)  THERE  IS  NO  CLINICALLY  SIGNIFICANT GENERAL DELAY IN LANGUAGE
    9  (E.G., SINGLE WORDS USED BY AGE TWO, COMMUNICATIVE PHRASES USED  BY  AGE
   10  THREE).
   11    (V)  THERE IS NO CLINICALLY SIGNIFICANT DELAY IN COGNITIVE DEVELOPMENT
   12  OR IN THE DEVELOPMENT  OF  AGE-APPROPRIATE  SELF-HELP  SKILLS,  ADAPTIVE
   13  BEHAVIOR  (OTHER  THAN  IN  SOCIAL INTERACTION), AND CURIOSITY ABOUT THE
   14  ENVIRONMENT IN CHILDHOOD.
   15    (VI) CRITERIA ARE NOT MET FOR ANOTHER SPECIFIC PERVASIVE DEVELOPMENTAL
   16  DISORDER OR SCHIZOPHRENIA.
   17    (C) PERVASIVE DEVELOPMENTAL DISORDER NOT OTHERWISE SPECIFIED  (INCLUD-
   18  ING  ATYPICAL  AUTISM),  WHICH  IS  WHEN THERE IS A SEVERE AND PERVASIVE
   19  IMPAIRMENT IN THE DEVELOPMENT OF RECIPROCAL SOCIAL  INTERACTION  ASSOCI-
   20  ATED  WITH IMPAIRMENT IN EITHER VERBAL OR NONVERBAL COMMUNICATION SKILLS
   21  OR WITH THE PRESENCE OF STEREOTYPED BEHAVIOR, INTERESTS, AND ACTIVITIES,
   22  BUT THE CRITERIA ARE NOT MET  FOR  A  SPECIFIC  PERVASIVE  DEVELOPMENTAL
   23  DISORDER,  SCHIZOPHRENIA,  SCHIZOTYPAL PERSONALITY DISORDER, OR AVOIDANT
   24  PERSONALITY DISORDER. FOR  EXAMPLE,  THIS  CATEGORY  INCLUDES  "ATYPICAL
   25  AUTISM"  -  PRESENTATIONS  THAT  DO  NOT  MEET THE CRITERIA FOR AUTISTIC
   26  DISORDER BECAUSE OF LATE  AGE  AT  ONSET,  ATYPICAL  SYMPTOMATOLOGY,  OR
   27  SUBTHRESHOLD SYMPTOMATOLOGY, OR ALL OF THESE.
   28    (D) RETT'S DISORDER, WHICH IS:
   29    (I) THE DIAGNOSIS OF ALL OF THE FOLLOWING:
   30    (1) APPARENTLY NORMAL PRENATAL AND PERINATAL DEVELOPMENT.
   31    (2)  APPARENTLY  NORMAL PSYCHOMOTOR DEVELOPMENT THROUGH THE FIRST FIVE
   32  MONTHS AFTER BIRTH.
   33    (3) NORMAL HEAD CIRCUMFERENCE AT BIRTH.
   34    (II) ONSET OF ALL OF THE FOLLOWING AFTER THE PERIOD OF NORMAL DEVELOP-
   35  MENT:
   36    (1)  DECELERATION  OF  HEAD  GROWTH  BETWEEN  AGES  FIVE  MONTHS   AND
   37  FORTY-EIGHT MONTHS.
   38    (2)  LOSS  OF  PREVIOUSLY ACQUIRED PURPOSEFUL HAND SKILLS BETWEEN AGES
   39  FIVE MONTHS AND THIRTY MONTHS WITH THE SUBSEQUENT DEVELOPMENT OF  STERE-
   40  OTYPED HAND MOVEMENTS (E.G., HAND-WRINGING OR HAND WASHING).
   41    (3)  LOSS  OF  SOCIAL  ENGAGEMENT  EARLY IN THE COURSE (ALTHOUGH OFTEN
   42  SOCIAL INTERACTION DEVELOPS LATER).
   43    (4) APPEARANCE OF POORLY COORDINATED GAIT OR TRUNK MOVEMENTS.
   44    (5) SEVERELY IMPAIRED EXPRESSIVE AND  RECEPTIVE  LANGUAGE  DEVELOPMENT
   45  WITH SEVERE PSYCHOMOTOR RETARDATION.
   46    (E) CHILDHOOD DISINTEGRATIVE DISORDER, WHICH IS:
   47    (I)  APPARENTLY  NORMAL  DEVELOPMENT  FOR AT LEAST THE FIRST TWO YEARS
   48  AFTER BIRTH AS MANIFESTED BY THE PRESENCE OF AGE-APPROPRIATE VERBAL  AND
   49  NONVERBAL COMMUNICATION, SOCIAL RELATIONSHIPS, PLAY, AND ADAPTIVE BEHAV-
   50  IOR.
   51    (II) CLINICALLY SIGNIFICANT LOSS OF PREVIOUSLY ACQUIRED SKILLS (BEFORE
   52  AGE TEN YEARS) IN AT LEAST TWO OF THE FOLLOWING AREAS:
   53    (1) EXPRESSIVE OR RECEPTIVE LANGUAGE.
   54    (2) SOCIAL SKILLS OR ADAPTIVE BEHAVIOR.
   55    (3) BOWEL OR BLADDER CONTROL.
   56    (4) PLAY.
       A. 1663--A                          4

    1    (5) MOTOR SKILLS.
    2    (III)  ABNORMALITIES  OF  FUNCTIONING IN AT LEAST TWO OF THE FOLLOWING
    3  AREAS:
    4    (1) QUALITATIVE IMPAIRMENT IN SOCIAL INTERACTION (E.G., IMPAIRMENT  IN
    5  NONVERBAL  BEHAVIORS,  FAILURE  TO  DEVELOP  PEER RELATIONSHIPS, LACK OF
    6  SOCIAL OR EMOTIONAL RECIPROCITY).
    7    (2) QUALITATIVE IMPAIRMENTS IN COMMUNICATION (E.G., DELAY OR  LACK  OF
    8  SPOKEN LANGUAGE, INABILITY TO INITIATE OR SUSTAIN A CONVERSATION, STERE-
    9  OTYPED  AND  REPETITIVE  USE  OF  LANGUAGE,  LACK OF VARIED MAKE-BELIEVE
   10  PLAY).
   11    (3) RESTRICTED, REPETITIVE,  AND  STEREOTYPED  PATTERNS  OF  BEHAVIOR,
   12  INTEREST, AND ACTIVITIES, INCLUDING MOTOR STEREOTYPES AND MANNERISMS.
   13    (IV)  THE  DISTURBANCE IS NOT BETTER ACCOUNTED FOR BY ANOTHER SPECIFIC
   14  PERVASIVE DEVELOPMENTAL DISORDER OR BY SCHIZOPHRENIA.
   15    S 2. Clause (i) of subparagraph (C) of paragraph 25 of subdivision (i)
   16  of section 3216 of the insurance law, as amended by chapter 596  of  the
   17  laws of 2011, is amended to read as follows:
   18    (i)  "autism  spectrum  disorder"  means  any  pervasive developmental
   19  disorder as defined in [the most recent edition of  the  diagnostic  and
   20  statistical  manual  of  mental  disorders, including autistic disorder,
   21  Asperger's disorder, Rett's disorder, childhood disintegrative disorder,
   22  or pervasive developmental disorder not otherwise  specified  (PDD-NOS)]
   23  SUBDIVISION FIFTY-NINE OF SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   24    S 3. Clause (i) of subparagraph (C) of paragraph 17 of subdivision (1)
   25  of  section  3221 of the insurance law, as amended by chapter 596 of the
   26  laws of 2011, is amended to read as follows:
   27    (i) "autism  spectrum  disorder"  means  any  pervasive  developmental
   28  disorder  as  defined  in [the most recent edition of the diagnostic and
   29  statistical manual of mental  disorders,  including  autistic  disorder,
   30  Asperger's disorder, Rett's disorder, childhood disintegrative disorder,
   31  or  pervasive  developmental disorder not otherwise specified (PDD-NOS)]
   32  SUBDIVISION FIFTY-NINE OF SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   33    S 4. Subparagraph (A) of paragraph 3 of subdivision  (ee)  of  section
   34  4303  of  the  insurance  law,  as amended by chapter 596 of the laws of
   35  2011, is amended to read as follows:
   36    (A) "autism  spectrum  disorder"  means  any  pervasive  developmental
   37  disorder  as  defined  in [the most recent edition of the diagnostic and
   38  statistical manual of mental  disorders,  including  autistic  disorder,
   39  Asperger's disorder, Rett's disorder, childhood disintegrative disorder,
   40  or  pervasive  developmental disorder not otherwise specified (PDD-NOS)]
   41  SUBDIVISION FIFTY-NINE OF SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   42    S 5. This act shall take effect immediately.
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