Rpld 2500-j, add 2500-m, Pub Health L; add 16.39, Ment Hyg L
 
Directs the commissioner of health and commissioner of the office for people with developmental disabilities to jointly promulgate rules and regulations requiring pediatric health care providers to screen children beginning at the age of 12 months for autism spectrum disorders during each wellness and preventative care examination and to conduct such screening annually until such child reaches primary school age, and thereafter at the beginning of every educational stage, namely middle and high school.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9465
SPONSOR: Bichotte Hermelyn
 
TITLE OF BILL:
An act to amend the public health law and the mental hygiene law, in
relation to directing the commissioner of health and the commissioner of
the office for people with developmental disabilities to promulgate
rules and regulations requiring every child beginning at the age of
twelve months to be examined for autism spectrum disorders; and to
repeal section 2500-j of the public health law relating to screening
children for autism spectrum disorders
 
PURPOSE:
Requires the commissioner of the office for people with developmental
disabilities and the commissioner of health to promulgate rules and
regulations set forth by section 2500-m, which shall require primary
care providers to conduct autism spectrum disorder (ASD) screening
during annual wellness and preventative care examination for children
over the age of 12 months.
 
SUMMARY OF PROVISIONS:
Section 1: Section 2500-j of the public health law is REPEALED
Section 2: The public health law is amended by adding a new section
2500-m
Section 3: The mental hygiene law is amended by adding a new section
16.39
Section 4: This act shall take effect immediately, except that section
one of this act shall take effect September 1, 2025
 
JUSTIFICATION:
Autism is the fastest growing developmental disability in the nation.
Autism varies widely in its severity and symptoms and may go unrecog-
nized, especially in mildly affected children. According to a study by
the London School of Economics; the cost of lifelong care can be reduced
by 2/3 with early diagnosis and intervention. Section 2500-m requires
pediatric primary care providers to conduct a wellness and preventative
care examination for children beginning at 12 months of age. Late diag-
nosis is associated with increased parental stress and delays to posi-
tive outcomes. Studies have found that interventions implemented before
age 4 are associated with significant gains in cognition, language, and
adaptive behavior. Doctors rely on a core group of behaviors to alert
them to the possibility of a diagnosis of autism.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATION:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately, except that section one of this
act shall take effect September 1, 2025.
STATE OF NEW YORK
________________________________________________________________________
9465
IN ASSEMBLY
March 14, 2024
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Health
AN ACT to amend the public health law and the mental hygiene law, in
relation to directing the commissioner of health and the commissioner
of the office for people with developmental disabilities to promulgate
rules and regulations requiring every child beginning at the age of
twelve months to be examined for autism spectrum disorders; and to
repeal section 2500-j of the public health law relating to screening
children for autism spectrum disorders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2500-j of the public health law is REPEALED.
2 § 2. The public health law is amended by adding a new section 2500-m
3 to read as follows:
4 § 2500-m. Pediatric wellness visits; screening for autism spectrum
5 disorders. 1. The commissioner shall, jointly with the commissioner of
6 the office for people with developmental disabilities, and on or before
7 May first, two thousand twenty-five, promulgate rules and regulations
8 requiring every pediatric primary care provider, conducting a wellness
9 and preventative care examination, on or after September first, two
10 thousand twenty-five, of a child twelve months of age or older, to
11 screen such child for autism spectrum disorders, and conduct such
12 screening annually until such child reaches primary school age, and
13 thereafter at the beginning of every educational stage, namely middle
14 and high school.
15 2. In addition, such rules and regulations shall establish guidelines
16 and protocols for:
17 (a) the best practices for the screening for and diagnosis of autism
18 spectrum disorders;
19 (b) the employment of objective autism spectrum disorder tools; and
20 (c) the appropriate referral mechanism for children, who based upon
21 the results of screening for autism spectrum disorders, require further
22 evaluation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06016-03-4
A. 9465 2
1 3. If the commissioner and the commissioner of the office for people
2 with developmental disabilities shall fail to promulgate, on or before
3 May first, two thousand twenty-five, the rules and regulations required
4 by subdivisions one and two of this section, the department shall adopt
5 and implement the relevant federal rules and regulations relating there-
6 to.
7 § 3. The mental hygiene law is amended by adding a new section 16.39
8 to read as follows:
9 § 16.39 Pediatric wellness visits; screening for autism spectrum disor-
10 ders.
11 The commissioner shall, jointly with the commissioner of health, and
12 on or before May first, two thousand twenty-five, promulgate any and all
13 rules and regulations required by subdivisions one and two of section
14 twenty-five hundred-m of the public health law relating to the screening
15 of children for autism spectrum disorders.
16 § 4. This act shall take effect immediately, except that section one
17 of this act shall take effect September 1, 2025.