S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1056
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced  by M. of A. GUNTHER, GOTTFRIED, ABBATE, SCARBOROUGH, RIVERA,
         COLTON, TITONE, RAIA, MONTESANO, LUPINACCI, CROUCH --  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  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
   22  apply  to  a  facility  or  institution engaged principally in providing
   23  services by or under the supervision of the bona fide members and adher-
   24  ents of a recognized  religious  organization  whose  teachings  include
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00993-01-5
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    1  reliance  on  spiritual  means  through  prayer alone for healing in the
    2  practice of the religion of such organization  and  where  services  are
    3  provided in accordance with those teachings.
    4    S  2. Section 2801 of the public health law is amended by adding a new
    5  subdivision 11 to read as follows:
    6    11. "COMPREHENSIVE AUTISM ASSESSMENT  CENTER"  MEANS  A  COMPREHENSIVE
    7  AUTISM ASSESSMENT CENTER UNDER SECTION TWENTY-EIGHT HUNDRED TWENTY-SEVEN
    8  OF THIS ARTICLE.
    9    S  3. The public health law is amended by adding a new section 2827 to
   10  read as follows:
   11    S 2827. COMPREHENSIVE AUTISM ASSESSMENT CENTERS.  1. DEFINITIONS.  FOR
   12  THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
   13  WISE:
   14    (A)  "AUTISM  SPECTRUM DISORDER" MEANS ANY OF A GROUP OF NEURODEVELOP-
   15  MENTAL DISORDERS INCLUDING: AUTISM; PERVASIVE DEVELOPMENTAL  DISORDER  -
   16  NOT OTHERWISE SPECIFIED (PDD-NOS); RETT'S SYNDROME; ASPERGER'S DISORDER;
   17  AND  CHILDHOOD  DISINTEGRATIVE  DISORDER.  AUTISM SPECTRUM DISORDERS MAY
   18  INCLUDE CHARACTERISTICS SUCH AS LANGUAGE  DISTURBANCE,  SOCIAL  DISTURB-
   19  ANCE,  AND  RESTRICTIVE  AND  REPETITIVE  PATTERNS  OF PLAY WITH A RIGID
   20  ADHERENCE TO SAMENESS.  ADDITIONAL  CO-OCCURRING  IMPAIRMENTS  IN  THOSE
   21  SEVERELY  AFFECTED  MAY INCLUDE SENSORY PROBLEMS SUCH AS AUDITORY HYPER-
   22  SENSITIVITY, TEMPERATURE REGULATION ISSUES, SEIZURE DISORDERS,  ABNORMAL
   23  PAIN  THRESHOLD,  GASTROINTESTINAL  PROBLEMS, AND PSYCHIATRIC CONDITIONS
   24  SUCH AS OBSESSIVE COMPULSIVE DISORDER, DEPRESSION AND ANXIETY.
   25    (B) "COMPREHENSIVE AUTISM  ASSESSMENT  CENTER"  OR  "CENTER"  MEANS  A
   26  CENTER DESIGNATED BY THE COMMISSIONER UNDER THIS SECTION.
   27    2.  COMPREHENSIVE  AUTISM  ASSESSMENT  CENTERS  ESTABLISHED.  (A)  THE
   28  COMMISSIONER SHALL FACILITATE THE DEVELOPMENT AND ESTABLISHMENT OF,  AND
   29  DESIGNATE,  FOUR  COMPREHENSIVE  CENTERS  FOR THE ASSESSMENT OF CHILDREN
   30  PRIMARILY BETWEEN THE AGES OF FIVE AND EIGHTEEN  DIAGNOSED  WITH  AUTISM
   31  SPECTRUM  DISORDERS  AND  DEVELOPMENT  OF  APPROPRIATE SHORT-TERM INTER-
   32  VENTIONS AND INDIVIDUAL TREATMENT PLANS WHICH ARE DESIGNED TO MANAGE AND
   33  IMPROVE FUNCTIONING. THE COMMISSIONER  SHALL  ESTABLISH  PROCEDURES  AND
   34  CRITERIA  FOR  THE  DESIGNATION  OF  SUCH  CENTERS  CONSISTENT WITH THIS
   35  SECTION.
   36    (B) THE CENTERS SHALL  UTILIZE  AN  ARRAY  OF  DISCIPLINES  WHICH  MAY
   37  INCLUDE BUT NOT BE LIMITED TO: PHYSICAL, MEDICAL AND PSYCHIATRIC; NEURO-
   38  BEHAVIORAL; NUTRITION; GASTROENTEROLOGY; MOTOR AND FITNESS; SLEEP ANALY-
   39  SIS; COMMUNICATION AND SOCIAL; AND PSYCHO-EDUCATIONAL. SERVICES PROVIDED
   40  BY  THE  CENTERS  MAY INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING COMPO-
   41  NENTS:
   42    (I) INTENSIVE ASSESSMENT SERVICES, INCLUDING  INTEGRATED,  INTERDISCI-
   43  PLINARY ANALYSIS OF A RESIDENT'S FUNCTIONAL CHARACTERISTICS AND DISABIL-
   44  ITIES. UTILIZING A COMPREHENSIVE FRAMEWORK SUCH AS INTERNATIONAL CLASSI-
   45  FICATION   OF  FUNCTIONING  DISABILITY  AND  HEALTH-CHILDREN  AND  YOUTH
   46  (ICF-CY)(WORLD HEALTH ORGANIZATION 2007), CENTERS SHALL  COMPREHENSIVELY
   47  ASSESS  THE RANGE OF FUNCTIONING AND DEVELOPMENT OF CHILDREN WITH AUTISM
   48  SPECTRUM DISORDERS INCLUDING BUT NOT LIMITED TO: COMMUNICATION; SOCIALI-
   49  ZATION; GENERAL, BEHAVIORAL, NEUROLOGICAL, PSYCHIATRIC, BODY AND MEDICAL
   50  FUNCTIONING; CHILD-ENVIRONMENTAL INTERACTIONS; ACTIVITY LIMITATIONS; AND
   51  PARTICIPATION RESTRICTIONS.
   52    (II) DEVELOPMENT OF APPROPRIATE SHORT-TERM INTERVENTIONS AND  INDIVID-
   53  UAL TREATMENT PLANS WHICH ARE DESIGNED TO MANAGE AND IMPROVE FUNCTIONING
   54  FOR THE CHILDREN ASSESSED BY THE CENTER.
   55    (III) RESIDENTIAL SERVICES THAT PROVIDE SHORT-TERM RESIDENTIAL SUPPORT
   56  FOR  CHILDREN  ADMITTED  TO  THE CENTER WHO REQUIRE A SHORT STAY FOR THE
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    1  PERIOD IN WHICH THE ASSESSMENT IS CONDUCTED. THESE SERVICES ARE INTENDED
    2  TO PROVIDE SUPPORT FOR THE ASSESSMENT  ACTIVITIES  AND  ARE  NOT  TO  BE
    3  LONG-TERM  NOR  ARE THEY TO BE PROVIDED IN A GENERAL HOSPITAL OR NURSING
    4  HOME  AS  DEFINED IN THIS ARTICLE NOR IN THE CAPACITY OF PERMANENT HOUS-
    5  ING.
    6    (IV) EDUCATIONAL SERVICES APPROVED BY THE STATE EDUCATION  DEPARTMENT.
    7  SUCH  EDUCATION  SERVICES  PROVIDED SHALL BE CONSISTENT WITH THE CHILD'S
    8  HOME SCHOOL DISTRICT'S CURRICULUM  AND  THE  EDUCATIONAL  NEEDS  OF  THE
    9  CHILD, AND APPROPRIATE TO THE CHILD'S SHORT-TERM STAY IN THE CENTER. THE
   10  CENTER SHALL CONSULT WITH THE CHILD'S HOME SCHOOL DISTRICT TO DEVELOP AN
   11  APPROPRIATE EDUCATIONAL PLAN.
   12    (V)  MEDICAL  CLINICAL  SERVICES.  EACH CENTER SHALL HAVE THE CAPACITY
   13  ON-SITE OR READILY ACCESSIBLE TO PROVIDE FOR THE RESIDENT'S MEDICAL  AND
   14  CLINICAL  NEEDS.  THESE  SERVICES  SHALL BE AVAILABLE TO PROVIDE MEDICAL
   15  SERVICES TO ADDRESS GENERAL, CHRONIC AND ONGOING MEDICAL CONDITIONS.
   16    3. GRANTS FOR DEVELOPMENT OF COMPREHENSIVE AUTISM ASSESSMENT  CENTERS.
   17  WITHIN  AMOUNTS  APPROPRIATED,  THE  COMMISSIONER SHALL PROVIDE FUNDING,
   18  PURSUANT TO A REQUEST FOR  PROPOSALS,  TO  AID  IN  THE  DEVELOPMENT  OF
   19  COMPREHENSIVE AUTISM ASSESSMENT CENTERS.
   20    4.  REPORTING/RESEARCH  REQUIREMENTS.  (A)  EACH  RECIPIENT OF FUNDING
   21  PURSUANT TO THIS SECTION SHALL PROVIDE  THE  FOLLOWING  INFORMATION  AND
   22  SUCH  OTHER  INFORMATION  AS  THE DEPARTMENT MAY REASONABLY REQUIRE WITH
   23  RESPECT TO THE CENTER TO THE DEPARTMENT, ANNUALLY  AS  REQUIRED  BY  THE
   24  DEPARTMENT:
   25    (I)  THE ANNUAL NUMBER OF CHILDREN RECEIVING SERVICES PURSUANT TO THIS
   26  SECTION;
   27    (II) THE AVERAGE LENGTH OF STAY OF THOSE CHILDREN WHO RECEIVE SERVICES
   28  AT THE CENTER; AND
   29    (III) THE TYPE OF PROGRAMS AND INTERVENTIONS THAT CHILDREN RECEIVED.
   30    (B) THE DEPARTMENT SHALL ANNUALLY COMPILE SUCH REPORTS ON THE CENTERS'
   31  ACTIVITIES AND FINDINGS AND ANNUALLY REPORT ON THE CENTERS TO THE GOVER-
   32  NOR AND LEGISLATURE.
   33    (C) THE COMMISSIONER SHALL ASSIST IN AND ENCOURAGE THE DEVELOPMENT  OF
   34  RESEARCH  COLLABORATIONS  BETWEEN  THE CENTERS AND RELEVANT STATE AGENCY
   35  FACILITIES, COLLEGES AND UNIVERSITIES AND,  WHERE  APPROPRIATE,  PRIVATE
   36  RESEARCH ENTITIES.
   37    S 4. This act shall take effect immediately.