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A01663 Summary:

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A01663 Floor Votes:

A01663 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1663--C
                                                                 Cal. No. 90
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  ABINANTI, 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,  RODRI-
          GUEZ,  SCHIMEL,  SANTABARBARA,  CAMARA,  BENEDETTO, BRINDISI, SKOUFIS,
          MILLER, COOK, CORWIN, ROSENTHAL, OTIS -- Multi-Sponsored by --  M.  of
          A.  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 -- read once and referred  to
          the  Committee on Mental Health -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported and referred to the Committee on Ways and Means -- amended on
          the  special  order  of  third  reading, ordered reprinted as amended,
          retaining its place on the special order of third reading --  advanced

          to a third reading, amended and ordered reprinted, retaining its place
          on the order of third reading
 
        AN ACT to define the term "autism" for the purposes of the education law
          and the mental hygiene law and the term "autism spectrum disorder" for
          the purposes of the insurance law and providing for the repeal of such
          provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative Intent.  The  legislature  hereby  finds  that,
     2  according  to Centers for Disease Control and Prevention, as many as one
     3  in 50 children may have an autism spectrum disorder (ASD). The  legisla-
     4  ture  further  finds  that  early,  continuous and appropriate treatment
     5  facilitates the best possible outcome for children diagnosed with  ASDs.

     6  The  legislature further finds that, while the periodic reformulation of
     7  diagnostic criteria is vital to  ensuring  the  provision  of  effective
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02950-09-4
        A. 1663--C                          2
 
     1  care,  the state must respond accordingly to guarantee that such changes
     2  do not impact the eligibility of  individuals  who  would  benefit  from
     3  treatment.  Therefore,  the  legislature  finds  it appropriate to enact
     4  measures  preserving the existing rights and entitlements of those diag-
     5  nosed with pervasive developmental disorders using  the  fourth  edition
     6  text  revision of the Diagnostic and Statistical Manual of Mental Disor-

     7  ders (DSM-IV TR) and provide the same rights to diagnosis and  treatment
     8  to those similarly situated in the future as the medical community tran-
     9  sitions to criteria implemented by the fifth edition (DSM-5). The legis-
    10  lature  finds  that in addition to ensuring continued benefits and state
    11  services it is important to convene a council to  study  the  transition
    12  from  (DSM-IV  TR)  to  the criteria implemented by the fifth edition to
    13  ensure that individuals who qualify under (DSM-IV TR) will  continue  to
    14  qualify under DSM-5.
    15    §  2.  Notwithstanding  any  law  to  the  contrary, "autism," for the
    16  purposes of the education law and the mental hygiene  law,  and  "autism
    17  spectrum  disorder,"  for  the  purposes  of  the  insurance  law, shall
    18  include: (1) all persons diagnosed with an autistic disorder, Asperger's

    19  disorder, Rett's disorder, childhood disintegrative disorder, or  perva-
    20  sive  developmental disorder not otherwise specified (PDD-NOS) using the
    21  fourth edition text revision of the Diagnostic and Statistical Manual of
    22  Mental Disorders (DSM-IV TR); and (2)  all  persons  diagnosed  with  an
    23  autism  spectrum disorder diagnosed using the most recent edition of the
    24  Diagnostic and Statistical Manual of Mental Disorders.
    25    § 3. This act shall take effect immediately and shall  expire  and  be
    26  deemed repealed three years after such effective date.