Bill Text: NY A03404 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes a structured review of technology systems used for locating missing children with developmental disabilities; asks for recommendations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-11-20 - signed chap.430 [A03404 Detail]

Download: New_York-2015-A03404-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3404
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced by M. of A. TITONE -- read once and referred to the Committee
         on Mental Health
       AN ACT relating to technology systems used for locating missing children
         with developmental disabilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The legislature hereby finds that  the  tragedy  of  Avonte
    2  Oquendo  who wandered away from his school never to be found alive again
    3  highlights the continuing need to find ways  to  protect  children  with
    4  developmental  disabilities.  Furthermore,  the  legislature  finds that
    5  timing plays a  crucial  role  in  preventing  wandering  incidents  and
    6  wandering-related  deaths of children with autism or other developmental
    7  disabilities. Because of this, the legislature finds  that  coordination
    8  of  search  and  rescue protocols that involve locator devices work most
    9  effectively when systems are coordinated.
   10    S 2. The commissioner of the division of criminal justice services, in
   11  consultation with the commissioner of the office for people with  devel-
   12  opmental  disabilities, shall review information technology systems used
   13  for locating missing children with developmental disabilities  including
   14  those that have been established by local governments for locating miss-
   15  ing persons for the purpose of making recommendations on the creation of
   16  a  statewide  communication  program  that could be utilized by entities
   17  operating such locator systems. Such review shall  include  but  not  be
   18  limited to:
   19    a.  a  survey  of  all  current information technology systems used by
   20  local governments  including  but  not  limited  to  global  positioning
   21  systems,  radiotermination technology, telemetry and satellite position-
   22  ing systems;
   23    b. an analysis of appropriate means for  coordination  of  information
   24  sharing amongst entities that currently utilize locator systems;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03795-01-5
       A. 3404                             2
    1    c.  a standardized process to assist local governments and other enti-
    2  ties interested in establishing a locator system;
    3    d.  a  process for synchronizing locator systems throughout the state;
    4  and
    5    e. appropriate response procedures by law enforcement when  conducting
    6  search  and rescue operations involving a child with developmental disa-
    7  bilities.
    8    S 3. Such review and recommendations made pursuant to section  two  of
    9  this  act  shall  be published in a report and provided to the governor,
   10  temporary president of the senate and speaker of the assembly  no  later
   11  than one hundred twenty days following enactment.
   12    S  4.   The superintendent of the department of financial services, in
   13  consultation with the commissioner of the department  of  health,  shall
   14  conduct  a  study  to  review  health  insurance  coverage of technology
   15  systems used for locating children with developmental disabilities  when
   16  the  treating  physician or other licensed health care provider deems it
   17  necessary for the health and safety of  the  child.  In  conducting  its
   18  study,  the  department of financial services shall consider whether and
   19  to what extent insurance companies in the state currently cover technol-
   20  ogy systems used for locating children with developmental  disabilities;
   21  whether  and  to  what  extent  coverage  of technology systems used for
   22  locating children with developmental disabilities would impact premiums;
   23  the cost to the state of the new mandate; and to  what  extent  coverage
   24  should  include  rate  of  use,  repair  and  maintenance,  and  monthly
   25  subscriber fees.
   26    S 5. The department of financial services shall consult with  relevant
   27  stakeholders,  including  insurance companies, consumer advocacy groups,
   28  disability advocacy groups, and any other person or entity such  depart-
   29  ment  deems necessary. Such department shall issue a report of its find-
   30  ings as well as its recommendations as to whether insurance coverage  of
   31  technology  systems  used for locating children with developmental disa-
   32  bilities is feasible, the  extent  to  which  such  coverage  should  be
   33  provided, and the impact this would have on premiums as well as the cost
   34  to  the  state. Such department shall submit its report to the governor,
   35  the temporary president of the senate, the speaker of the assembly,  and
   36  the  chairs  of the senate and assembly standing committees on insurance
   37  no later than one hundred eighty days following the  effective  date  of
   38  this act.
   39    S 6. This act shall take effect immediately.