Bill Text: NY A10540 | 2019-2020 | General Assembly | Amended


Bill Title: Provides supports and services for youth suffering from adverse childhood experiences.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-09 - print number 10540a [A10540 Detail]

Download: New_York-2019-A10540-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                        10540--A

                   IN ASSEMBLY

                                      May 28, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
          read once and referred to the Committee on Children  and  Families  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the social services  law,  the  education  law  and  the
          public  health law, in relation to providing supports and services for
          youth suffering from adverse childhood experiences

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The social services law is amended by adding a new section
     2  131-aaa to read as follows:
     3    § 131-aaa. Availability of  adverse  childhood  experiences  services.
     4  Each  local social services district shall be required to provide appli-
     5  cants and recipients of public assistance who are  a  parent,  guardian,
     6  custodian  or otherwise responsible for a child's care, with educational
     7  materials developed pursuant to subdivision two of section three hundred
     8  seventy-c of the social services  law  to  educate  them  about  adverse
     9  childhood  experiences,  the  importance  of  protective factors and the
    10  availability of services for children at  risk  for  or  suffering  from
    11  adverse  childhood  experiences.  The  educational materials may be made
    12  available electronically and shall be provided at the time  of  applica-
    13  tion, recertification and any other instances the applicant or recipient
    14  makes contact with the local social services district.
    15    §  2.  Article 5 of the social services law is amended by adding a new
    16  title 12-A to read as follows:
    17                                 TITLE 12-A
    18           SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE
    19                            CHILDHOOD EXPERIENCES
    20  Section 370-c. Supports and services for youth  suffering  from  adverse
    21                   childhood experiences.
    22    § 370-c. Supports and services for youth suffering from adverse child-
    23  hood  experiences.  1. Youth suffering from or at risk of adverse child-
    24  hood experiences, as defined in paragraph  (c)  of  subdivision  one  of
    25  section  twenty-d  of  this  chapter,  shall  be eligible for a range of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16502-03-0

        A. 10540--A                         2

     1  appropriate services and supports, which  shall  be  beneficial  to  the
     2  health  and  well-being  of the youth. Such services shall be culturally
     3  competent, evidence based and trauma informed and include,  but  not  be
     4  limited  to  appropriate  health  and behavioral health services covered
     5  under subdivision seven of section twenty-five hundred ten of the public
     6  health law and subdivision two of section three hundred sixty-five-a  of
     7  this  article;  preventive services provided pursuant to subdivision two
     8  of section four hundred fifty-eight-m of this  chapter,  enhancement  of
     9  protective  factors  and  any  other  services  necessary to serve youth
    10  suffering from adverse childhood experiences.
    11    2. The office of children and family services,  in  consultation  with
    12  the  office of temporary and disability assistance, the office of mental
    13  health, the office of addiction services and supports and the department
    14  of health, shall develop or utilize existing educational materials to be
    15  used to educate parents,  guardians  and  other  authorized  individuals
    16  about  adverse  childhood experiences including the environmental events
    17  that may impact or lead to adverse childhood experiences, the importance
    18  of protective factors and the availability of services for  children  at
    19  risk  of or suffering from adverse childhood experiences.  Such informa-
    20  tion shall be made available electronically and shall be posted on  each
    21  agency's website.
    22    §  3.  Subdivision  7  of  section  390  of the social services law is
    23  amended by adding a new paragraph (c) to read as follows:
    24    (c) The office of children  and  family  services  shall  implement  a
    25  statewide  campaign  to educate parents and other potential consumers of
    26  child day care programs about adverse childhood experiences, the  impor-
    27  tance  of protective factors, and the availability of services for chil-
    28  dren at risk  for  or  experiencing  adverse  childhood  experiences  as
    29  defined  in paragraph (c) of subdivision one of section twenty-d of this
    30  chapter. Such statewide campaign, shall include but is not  limited  to,
    31  providing  all  licensed,  registered  and enrolled child care providers
    32  with educational materials developed  pursuant  to  subdivision  two  of
    33  section three hundred seventy-c of this chapter. The educational materi-
    34  als  may  be  made  available  electronically  and  shall be provided to
    35  parents and other potential consumers at the time of enrollment and once
    36  every six months during the time of their child's enrollment.
    37    § 4. Section 305 of the education law  is  amended  by  adding  a  new
    38  subdivision 59 to read as follows:
    39    59. The commissioner shall make available educational materials devel-
    40  oped  pursuant  to subdivision two of section three hundred seventy-c of
    41  the social services law to every school district and  board  of  cooper-
    42  ative educational services for the purpose of educating parents, guardi-
    43  ans  and  other  authorized individuals responsible for the child's care
    44  about  adverse  childhood  experiences,  the  importance  of  protective
    45  factors,  and  the  availability of services for children at risk for or
    46  experiencing  adverse  childhood  experiences.  The  commissioner  shall
    47  provide that such educational materials are made available online pursu-
    48  ant  to subdivision two of section three hundred seventy-c of the social
    49  services law.
    50    § 5. The public health law is amended by adding a new  section  2509-b
    51  to read as follows:
    52    §  2509-b.  Availability  of  adverse  childhood experiences services.
    53  Every pediatrics healthcare provider licensed pursuant  to  article  one
    54  hundred thirty-one of the education law shall be required to provide the
    55  parent,  guardian,  custodian  or other authorized individual of a child
    56  that the pediatrician sees in their official capacity, with  educational

        A. 10540--A                         3

     1  materials developed pursuant to subdivision two of section three hundred
     2  seventy-c  of  the  social  services law. Such materials may be provided
     3  electronically and shall be  used  to  inform  and  educate  them  about
     4  adverse  childhood experiences, the importance of protective factors and
     5  the availability of services for children at risk  for  or  experiencing
     6  adverse childhood experiences.
     7    §  6.  Subdivision  7  of  section  2510  of the public health law, as
     8  amended by chapter 428 of the laws  of  2013,  is  amended  to  read  as
     9  follows:
    10    7.  "Covered  health care services" means: the services of physicians,
    11  optometrists, nurses, nurse practitioners, midwives  and  other  related
    12  professional  personnel  which  are  provided  on  an  outpatient basis,
    13  including routine well-child visits; diagnosis and treatment of  illness
    14  and injury; inpatient health care services; laboratory tests; diagnostic
    15  x-rays;  prescription  and  non-prescription  drugs  and durable medical
    16  equipment; radiation  therapy;  chemotherapy;  hemodialysis;  outpatient
    17  blood  clotting  factor  products  and  other  treatments  and  services
    18  furnished in connection with the care  of  hemophilia  and  other  blood
    19  clotting   protein   deficiencies;   emergency  room  services;  hospice
    20  services; emergency,  preventive  and  routine  dental  care,  including
    21  medically necessary orthodontia but excluding cosmetic surgery; emergen-
    22  cy, preventive and routine vision care, including eyeglasses; speech and
    23  hearing  services;  and, inpatient and outpatient mental health, alcohol
    24  and substance abuse services as defined by the commissioner in consulta-
    25  tion with the superintendent. For youth  at  risk  for  or  experiencing
    26  adverse  childhood experiences, as defined in subdivision one of section
    27  three hundred seventy-c of the social services law, covered health  care
    28  services shall also include: (a) children's mental health rehabilitation
    29  services including, but not limited to, those covered by medical assist-
    30  ance  pursuant  to  title  eleven of article five of the social services
    31  law, community psychiatric support and treatment services, and psychoso-
    32  cial rehabilitation services, assuming  such  children's  mental  health
    33  rehabilitation  services are provided by individuals acting within their
    34  lawful scope of practice as established under the education law; and (b)
    35  trauma informed care that includes the identification of and appropriate
    36  reaction and treatment to adverse childhood experiences. "Covered health
    37  care services" shall not include drugs, procedures and supplies for  the
    38  treatment  of  erectile  dysfunction when provided to, or prescribed for
    39  use by, a person who is required to register as a sex offender  pursuant
    40  to  article  six-C  of  the  correction law, provided that any denial of
    41  coverage of such drugs, procedures or supplies shall provide the patient
    42  with the means of obtaining additional information concerning  both  the
    43  denial and the means of challenging such denial.
    44    §  7.  This  act shall take effect on the thirtieth day after it shall
    45  have become a law.
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