2012 State Autism Profiles
NEW YORK

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DEMOGRAPHICS

In 2000, 6,752 or 1.53% of children ages 3-21 who received special education services in New York have autism. In 2010-2011, 23,182 or 5.10% of children with disabilities ages 3-21 who received special education services have autism.

Table 1-1: IDEA Part B - Children with Autism in New York for 1999-2000 and 2010-2011
(Child Count by Age Group)

  1999-20002010-2011
Age 3-5

 747

2,087

Age 6-11

 4,027

11,662

Age 12-17

 1,597

7,650

Age 18-21

 381

1,783

Age 6-21

 6,005

21,095

Age 3-21

 6,752

23,182

Source: Reported by the State of New York in accordance with Section 618 of IDEA to U.S. Department of Education, Office of Special Education Programs

Table 1-2: IDEA Part B - Children with Disabilities in New York for 1999-2000 and 2010-2011
(Child Count by Age Group)

  Child Count in 1999-2000Child Count in 2010-2011
Age 3-5

 51,665

64,923

Age 6-11

 175,186

174,742

Age 12-17

191,385 

191,563

Age 18-21

 23,097

23,314

Age 6-21

 389,668

389,619

Age 3-21

 441,333

454,542


Source: Reported by the State of New York in accordance with Section 618 of IDEA to U.S. Department of Education, Office of Special Education Programs

STATE TASK FORCE

The State of New York does not have an active task force on autism at this time.

Several bills to establish committees or task forces on autism were introduced in the last two sessions. None of them became law.

STATE INSURANCE COVERAGE

On November 1, 2011, Governor Andrew Cuomo signed S.5845/A6305A, making New York the 29th state to enact autism insurance reform. The new law requires private health insurance companies to provide coverage for the screening, diagnosis, and treatment of autism spectrum disorders including behavioral health treatment (such as applied behavior analysis), pharmacy care (if the policy covers other prescription drugs), psychiatric care, psychological care, therapeutic care, including non-restorative therapy (if the policy covers therapeutic care for other conditions), provided by licensed or certified speech therapists, occupational therapists, social workers, or physical therapists, and any other medical care provided by a licensed health care provider. The new law provides no age or visit caps specifically for autism, and a $45,000 cap for ABA services. The law also prohibits an insurance company from terminating coverage or refusing to renew, adjust, amend, issue, or execute a policy solely because the individual has been diagnosed or received treatment for autism spectrum disorders. The law went into effect on November 1, 2012.

New Yorkincludes a provision that health insurance policies may not deny or exclude benefits and coverage based on the diagnosis of autism or to treat autism spectrum disorders. Health insurance policies that would cover hospital, surgical, or medical care should provide coverage as they would for autism spectrum disorders. (New York [ISC] §3216)

Insurance Legislation
Several pieces of legislation were introduced in the 2011-2012 session to expand insurance coverage of autism services. None of the bills became law.

MEDICAID

New York Home and Community-Based Services Waiver: NY CAH VI
This waiver, implemented on March 1, 2008, provides case management, respite, and assistive technology for people ages 0-17 with mental retardation, developmental disabilities, and autism. This waiver expires on February 28, 2013.

New York Home and Community-Based Services Waiver: NY OMRDD Comprehensive
This waiver, implemented on October 1, 2009, provides day habilitation, a live-in caregiver, prevocational services, residential habilitation, respite, supported employment, agency with choice/FMS, consolidated supports and services, support brokerage, assistive technology and adaptive devices, community habilitation, community transition, environmental modifications (home accessibility), family education and training, intensive behavioral services, pathway to employment services, and plan of care support services for individuals of all ages with autism, mental retardation, and developmental disabilities. This waiver expires on September 30, 2014.

New York Home and Community-Based Services Waiver: NY CAH III
This waiver, implemented on October 1, 2009, provides case management, respite, and assistive technology to individuals ages 0-17 with autism, mental retardation, and developmental disabilities. This waiver expires on September 30, 2014.

New York Home and Community-Based Services Waiver: NY Bridges to Health for Children w/DD
This waiver, implemented on January 1, 2011, provides day habilitation, health care integration, skill-building, special needs community advocacy and support, accessibility modifications, adaptive and assistive equipment services, crisis avoidance, management, and training services, crisis respite services, family and caregiver supports and services, immediate crisis response services, intensive in-home supports and services, planned respite, and vocational services for individuals ages 0-20 with autism, developmental disabilities, and mental retardation. This waiver expires on December 31, 2015.
http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Waivers/Waivers.html
http://www.health.state.ny.us/health_care/medicaid/program/longterm/omrdd.htm

EDUCATION

The New York State Education Department (NYSED) provides resources to parents and teachers of students with autism. Additionally, the NYSED, Office of Vocational and Educational Services for Individuals with Disabilities selected five programs that effectively support students with autism to serve as models for other schools interested in developing a program to support students with autism. The selected programs offer information, training, technical assistance to schools as they develop an effective program for students with autism.
http://www.p12.nysed.gov/specialed/autism/

Legislation
S.8497 created a Teacher Training Initiative Fund and was signed into law by Gov. David Paterson on August 5, 2008. The fund requires training for school district personnel on the needs of students with autism and interacting with students with autism. Additionally, the New York Department of Health, Office of Mental Retardation and Developmental Disabilities, State Education Department will work collaboratively to review the incidence of autism in the state and assess state programs. In the 2010 session, A.B. 275 proposed appropriating funds to the Teacher Training Initiative Fund for Autism but no further action was been taken.

A.B. 4949 and S.B. 3416 proposed requiring all teachers to complete training in the area of autism. The bills also directed the Commissioner of Education to assure that such training is included in all teacher certification programs. No further action was taken.

OTHER STATE RESOURCES

Screening
A.9512 was signed into law by Gov. David Paterson on July 21, 2008, creating guidelines and best practices for early screening of children for autism spectrum disorders. The protocols establish routine screening at regular intervals for autism spectrum disorders, guidelines to help educate parents about autism spectrum disorders through a dialogue with the provider, and put into place a referral mechanism for children who may need further evaluation.

In the 2011 session, A.B. 3217 and companion bill S.B. 3404 proposed directing the Commissioner of Health and the Commissioner of Mental Retardation and Developmental Disabilities to require pediatric care providers to screen for autism. No further action was taken.

Autism Prevalence Study and Registry
S.8475 was introduced to authorize the Office of Mental Retardation and Developmental Disabilities to conduct an autism prevalence study and provide for a limited autism registry. S.5760 was introduced to authorize the commissioner of the Office of Mental Retardation and Developmental Disabilities to report its finding to the legislature. Both measures were vetoed by the Gov. David Paterson on July 21, 2008.
http://www.omh.ny.gov/omhweb/resources/publications/

S.B. 4418 was introduced in the 2011 session to direct a study on the prevalence of autism spectrum disorder in New York. The study would be conducted by the Department of Health, Office of Mental Health and Office for People with Developmental Disabilities and would examine the incidence of autism spectrum disorder and evaluate state and local programs for people with ASD. S.B. 4418 was referred to the Senate Committee on Health, where no further action has been taken. Several other pieces of legislation regarding tracking of autism spectrum disorder have been introduced in the 2011 session, such as A.B. 2300, S.B. 2340 and S.B. 1174. All bills have been referred to committee and no further action has been taken.

Legislation
A number of other bills related to individuals with autism were introduced in the 2011-2012 session. None of them became law. 

STATE LEGISLATIVE CALENDAR

The New York State Legislature meets in Regular Session on the second Wednesday in January. The 2012 legislative session convened on January 4, 2012, with anticipated adjournment in December 2012. The 2013 session will convene in January 2013 with anticipated adjournment in December 2013.
http://assembly.state.ny.us/
http://www.nysenate.gov/

SPONSORS OF AUTISM LEGISLATION

Prepared by Easter Seals, Inc.; November 2012.

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