STATE OF NEW YORK
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413--A
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
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Introduced by M. of A. GUNTHER, GOTTFRIED -- read once and referred to
the Committee on Health -- recommitted to the Committee on Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
1 Section 1. Subdivision 1 of section 2801 of the public health law, as
2 separately amended by chapters 297 and 416 of the laws of 1983, is
3 amended to read as follows:
4 1. "Hospital" means a facility or institution engaged principally in
5 providing services by or under the supervision of a physician or, in the
6 case of a dental clinic or dental dispensary, of a dentist, for the
7 prevention, diagnosis or treatment of human disease, pain, injury,
8 deformity or physical condition, including, but not limited to, a gener-
9 al hospital, public health center, diagnostic center, treatment center,
10 dental clinic, dental dispensary, rehabilitation center other than a
11 facility used solely for vocational rehabilitation, nursing home, tuber-
12 culosis hospital, chronic disease hospital, maternity hospital, lying-
13 in-asylum, out-patient department, out-patient lodge, dispensary and a
14 laboratory or central service facility serving one or more such insti-
15 tutions, a comprehensive autism assessment center, but the term hospital
16 shall not include an institution, sanitarium or other facility engaged
17 principally in providing services for the prevention, diagnosis or
18 treatment of mental disability and which is subject to the powers of
19 visitation, examination, inspection and investigation of the department
20 of mental hygiene except for those distinct parts of such a facility
21 which provide hospital service. The provisions of this article shall not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02325-02-2
A. 413--A 2
1 apply to a facility or institution engaged principally in providing
2 services by or under the supervision of the bona fide members and adher-
3 ents of a recognized religious organization whose teachings include
4 reliance on spiritual means through prayer alone for healing in the
5 practice of the religion of such organization and where services are
6 provided in accordance with those teachings.
7 § 2. Section 2801 of the public health law is amended by adding a new
8 subdivision 11 to read as follows:
9 11. "Comprehensive autism assessment center" means a comprehensive
10 autism assessment center under section twenty-eight hundred twenty-three
11 of this article.
12 § 3. The public health law is amended by adding a new section 2823 to
13 read as follows:
14 § 2823. Comprehensive autism assessment centers. 1. Definitions. For
15 the purposes of this section, unless the context clearly requires other-
16 wise:
17 (a) "Autism spectrum disorder" means any of a group of neurodevelop-
18 mental disorders including: autism; pervasive developmental disorder -
19 not otherwise specified (PDD-NOS); Rett's syndrome; Asperger's disorder;
20 and childhood disintegrative disorder. Autism spectrum disorders may
21 include characteristics such as language disturbance, social disturb-
22 ance, and restrictive and repetitive patterns of play with a rigid
23 adherence to sameness. Additional co-occurring impairments in those
24 severely affected may include sensory problems such as auditory hyper-
25 sensitivity, temperature regulation issues, seizure disorders, abnormal
26 pain threshold, gastrointestinal problems, and psychiatric conditions
27 such as obsessive compulsive disorder, depression and anxiety.
28 (b) "Comprehensive autism assessment center" or "center" means a
29 center designated by the commissioner under this section.
30 2. Comprehensive autism assessment centers established. (a) The
31 commissioner shall facilitate the development and establishment of, and
32 designate, four comprehensive centers for the assessment of children
33 primarily between the ages of five and eighteen diagnosed with autism
34 spectrum disorders and development of appropriate short-term inter-
35 ventions and individual treatment plans which are designed to manage and
36 improve functioning. The commissioner shall establish procedures and
37 criteria for the designation of such centers consistent with this
38 section.
39 (b) The centers shall utilize an array of disciplines which may
40 include but not be limited to: physical, medical and psychiatric; neuro-
41 behavioral; nutrition; gastroenterology; motor and fitness; sleep analy-
42 sis; communication and social; and psycho-educational. Services provided
43 by the centers may include but not be limited to the following compo-
44 nents:
45 (i) Intensive assessment services, including integrated, interdisci-
46 plinary analysis of a resident's functional characteristics and disabil-
47 ities. Utilizing a comprehensive framework such as international classi-
48 fication of functioning disability and health-children and youth
49 (ICF-CY)(World Health Organization 2007), centers shall comprehensively
50 assess the range of functioning and development of children with autism
51 spectrum disorders including but not limited to: communication; sociali-
52 zation; general, behavioral, neurological, psychiatric, body and medical
53 functioning; child-environmental interactions; activity limitations; and
54 participation restrictions.
A. 413--A 3
1 (ii) Development of appropriate short-term interventions and individ-
2 ual treatment plans which are designed to manage and improve functioning
3 for the children assessed by the center.
4 (iii) Residential services that provide short-term residential support
5 for children admitted to the center who require a short stay for the
6 period in which the assessment is conducted. These services are intended
7 to provide support for the assessment activities and are not to be long-
8 term nor are they to be provided in a general hospital or nursing home
9 as defined in this article nor in the capacity of permanent housing.
10 (iv) Educational services approved by the state education department.
11 Such education services provided shall be consistent with the child's
12 home school district's curriculum and the educational needs of the
13 child, and appropriate to the child's short-term stay in the center. The
14 center shall consult with the child's home school district to develop an
15 appropriate educational plan.
16 (v) Medical clinical services. Each center shall have the capacity
17 on-site or readily accessible to provide for the resident's medical and
18 clinical needs. These services shall be available to provide medical
19 services to address general, chronic and ongoing medical conditions.
20 3. Grants for development of comprehensive autism assessment centers.
21 Within amounts appropriated, the commissioner shall provide funding,
22 pursuant to a request for proposals, to aid in the development of
23 comprehensive autism assessment centers.
24 4. Reporting/research requirements. (a) Each recipient of funding
25 pursuant to this section shall provide the following information and
26 such other information as the department may reasonably require with
27 respect to the center to the department, annually as required by the
28 department:
29 (i) The annual number of children receiving services pursuant to this
30 section;
31 (ii) The average length of stay of those children who receive services
32 at the center; and
33 (iii) The type of programs and interventions that children received.
34 (b) The department shall annually compile such reports on the centers'
35 activities and findings and annually report on the centers to the gover-
36 nor and legislature.
37 (c) The commissioner shall assist in and encourage the development of
38 research collaborations between the centers and relevant state agency
39 facilities, colleges and universities and, where appropriate, private
40 research entities.
41 § 4. This act shall take effect immediately.
