Defines 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.
STATE OF NEW YORK
________________________________________________________________________
8062
2013-2014 Regular Sessions
IN ASSEMBLY
June 17, 2013
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Mental Health
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
8 care, the State must respond accordingly to guarantee that such changes
9 do not impact the eligibility of individuals currently receiving treat-
10 ment under the law. Therefore, the legislature finds it appropriate to
11 enact measures preserving the existing rights and entitlements of those
12 diagnosed with pervasive developmental disorders using the fourth
13 edition text revision of the Diagnostic and Statistical Manual of Mental
14 Disorders (DSM-IV TR) as the medical community transitions to criteria
15 implemented by the fifth edition (DSM-5). The legislature finds that in
16 addition to ensuring continued benefits and state services it is impor-
17 tant to convene a council to study the transition from (DSM-IV TR) to
18 the criteria implemented by the fifth edition to ensure that individuals
19 who qualify under (DSM-IV TR) will continue to qualify under DSM-5.
20 § 2. Notwithstanding any law to the contrary, "autism," for the
21 purposes of the education law and the mental hygiene law, and "autism
22 spectrum disorder," for the purposes of the insurance law, shall mean
23 either: (1) an autistic disorder, Asperger's disorder, Rett's disorder,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11529-03-3
A. 8062 2
1 childhood disintegrative disorder, or pervasive developmental disorder
2 not otherwise specified (PDD-NOS), as diagnosed using the fourth edition
3 text revision of the Diagnostic and Statistical Manual of Mental Disor-
4 ders (DSM-IV TR); or (2) an autism spectrum disorder diagnosed using the
5 most recent edition of the Diagnostic and Statistical Manual of Mental
6 Disorders.
7 § 3. This act shall take effect immediately and shall expire and be
8 deemed repealed two years after such effective date.
