Develops comprehensive assessment centers for autism spectrum disorders; provides grants for their development and lays out reporting and research requirements.
STATE OF NEW YORK
________________________________________________________________________
3599
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
___________
Introduced by M. of A. GUNTHER, GOTTFRIED, ABBATE, RIVERA, COLTON,
ABINANTI, RAIA, MONTESANO, CROUCH, SANTABARBARA, WALSH, ASHBY -- read
once and referred 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:
1 Section 1. Subdivision 1 of section 2801 of the public health law, as
2 amended by section 1 of subpart B of part S of chapter 57 of the laws of
3 2018, is 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, or, in the
7 case of a midwifery birth center, of a midwife, for the prevention,
8 diagnosis or treatment of human disease, pain, injury, deformity or
9 physical condition, including, but not limited to, a general hospital,
10 public health center, diagnostic center, treatment center, dental clin-
11 ic, dental dispensary, rehabilitation center other than a facility used
12 solely for vocational rehabilitation, nursing home, tuberculosis hospi-
13 tal, chronic disease hospital, maternity hospital, midwifery birth
14 center, lying-in-asylum, out-patient department, out-patient lodge,
15 dispensary and a laboratory or central service facility serving one or
16 more such institutions, a comprehensive autism assessment center, but
17 the term hospital shall not include an institution, sanitarium or other
18 facility engaged principally in providing services for the prevention,
19 diagnosis or treatment of mental disability and which is subject to the
20 powers of visitation, examination, inspection and investigation of the
21 department of mental hygiene except for those distinct parts of such a
22 facility which provide hospital service. The provisions of this article
23 shall not apply to a facility or institution engaged principally in
24 providing services by or under the supervision of the bona fide members
25 and adherents of a recognized religious organization whose teachings
26 include reliance on spiritual means through prayer alone for healing in
27 the practice of the religion of such organization and where services are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01689-01-9
A. 3599 2
1 provided in accordance with those teachings. No provision of this arti-
2 cle or any other provision of law shall be construed to: (a) limit the
3 volume of mental health or substance use disorder services that can be
4 provided by a provider of primary care services licensed under this
5 article and authorized to provide integrated services in accordance with
6 regulations issued by the commissioner in consultation with the commis-
7 sioner of the office of mental health and the commissioner of the office
8 of alcoholism and substance abuse services, including regulations issued
9 pursuant to subdivision seven of section three hundred sixty-five-l of
10 the social services law or part L of chapter fifty-six of the laws of
11 two thousand twelve; (b) require a provider licensed pursuant to article
12 thirty-one of the mental hygiene law or certified pursuant to article
13 thirty-two of the mental hygiene law to obtain an operating certificate
14 from the department if such provider has been authorized to provide
15 integrated services in accordance with regulations issued by the commis-
16 sioner in consultation with the commissioner of the office of mental
17 health and the commissioner of the office of alcoholism and substance
18 abuse services, including regulations issued pursuant to subdivision
19 seven of section three hundred sixty-five-l of the social services law
20 or part L of chapter fifty-six of the laws of two thousand twelve.
21 § 2. Section 2801 of the public health law is amended by adding a new
22 subdivision 12 to read as follows:
23 12. "Comprehensive autism assessment center" means a comprehensive
24 autism assessment center under section twenty-eight hundred twenty-seven
25 of this article.
26 § 3. The public health law is amended by adding a new section 2827 to
27 read as follows:
28 § 2827. Comprehensive autism assessment centers. 1. Definitions. For
29 the purposes of this section, unless the context clearly requires other-
30 wise:
31 (a) "Autism spectrum disorder" means any of a group of neurodevelop-
32 mental disorders including: autism; pervasive developmental disorder -
33 not otherwise specified (PDD-NOS); Rett's syndrome; Asperger's disorder;
34 and childhood disintegrative disorder. Autism spectrum disorders may
35 include characteristics such as language disturbance, social disturb-
36 ance, and restrictive and repetitive patterns of play with a rigid
37 adherence to sameness. Additional co-occurring impairments in those
38 severely affected may include sensory problems such as auditory hyper-
39 sensitivity, temperature regulation issues, seizure disorders, abnormal
40 pain threshold, gastrointestinal problems, and psychiatric conditions
41 such as obsessive compulsive disorder, depression and anxiety.
42 (b) "Comprehensive autism assessment center" or "center" means a
43 center designated by the commissioner under this section.
44 2. Comprehensive autism assessment centers established. (a) The
45 commissioner shall facilitate the development and establishment of, and
46 designate, four comprehensive centers for the assessment of children
47 primarily between the ages of five and eighteen diagnosed with autism
48 spectrum disorders and development of appropriate short-term inter-
49 ventions and individual treatment plans which are designed to manage and
50 improve functioning. The commissioner shall establish procedures and
51 criteria for the designation of such centers consistent with this
52 section.
53 (b) The centers shall utilize an array of disciplines which may
54 include but not be limited to: physical, medical and psychiatric; neuro-
55 behavioral; nutrition; gastroenterology; motor and fitness; sleep analy-
56 sis; communication and social; and psycho-educational. Services provided
A. 3599 3
1 by the centers may include but not be limited to the following compo-
2 nents:
3 (i) Intensive assessment services, including integrated, interdisci-
4 plinary analysis of a resident's functional characteristics and disabil-
5 ities. Utilizing a comprehensive framework such as international classi-
6 fication of functioning disability and health-children and youth
7 (ICF-CY)(World Health Organization 2007), centers shall comprehensively
8 assess the range of functioning and development of children with autism
9 spectrum disorders including but not limited to: communication; sociali-
10 zation; general, behavioral, neurological, psychiatric, body and medical
11 functioning; child-environmental interactions; activity limitations; and
12 participation restrictions.
13 (ii) Development of appropriate short-term interventions and individ-
14 ual treatment plans which are designed to manage and improve functioning
15 for the children assessed by the center.
16 (iii) Residential services that provide short-term residential support
17 for children admitted to the center who require a short stay for the
18 period in which the assessment is conducted. These services are intended
19 to provide support for the assessment activities and are not to be long-
20 term nor are they to be provided in a general hospital or nursing home
21 as defined in this article nor in the capacity of permanent housing.
22 (iv) Educational services approved by the state education department.
23 Such education services provided shall be consistent with the child's
24 home school district's curriculum and the educational needs of the
25 child, and appropriate to the child's short-term stay in the center. The
26 center shall consult with the child's home school district to develop an
27 appropriate educational plan.
28 (v) Medical clinical services. Each center shall have the capacity
29 on-site or readily accessible to provide for the resident's medical and
30 clinical needs. These services shall be available to provide medical
31 services to address general, chronic and ongoing medical conditions.
32 3. Grants for development of comprehensive autism assessment centers.
33 Within amounts appropriated, the commissioner shall provide funding,
34 pursuant to a request for proposals, to aid in the development of
35 comprehensive autism assessment centers.
36 4. Reporting/research requirements. (a) Each recipient of funding
37 pursuant to this section shall provide the following information and
38 such other information as the department may reasonably require with
39 respect to the center to the department, annually as required by the
40 department:
41 (i) The annual number of children receiving services pursuant to this
42 section;
43 (ii) The average length of stay of those children who receive services
44 at the center; and
45 (iii) The type of programs and interventions that children received.
46 (b) The department shall annually compile such reports on the centers'
47 activities and findings and annually report on the centers to the gover-
48 nor and legislature.
49 (c) The commissioner shall assist in and encourage the development of
50 research collaborations between the centers and relevant state agency
51 facilities, colleges and universities and, where appropriate, private
52 research entities.
53 § 4. This act shall take effect immediately.
