BILL NUMBER: S10660
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the social services law, the executive law, the public
health law and the education law, in relation to adaptive aquatic safety
services for individuals with disabilities
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill a comprehensive approach to reducing the risk of injury and
death in aquatic environments for individuals with disabilities.
 
SUMMARY OF PROVISIONS:
Section 1 states the legislative findings and intent.
Section 2 amends the social services law by adding a new section 365-q
that directs the commissioner of health to seek approval from the feder-
al centers for Medicare and Medicaid services for the inclusion of adap-
tive aquatic safety services in applicable services and waivers. The
section also sets requirements for any services authorized under the
section.
Section 3 amends the executive law by adding a new article 49-D, which
directs entities administering state financial assistance programs for
public aquatic facilities to require applicants to include information
on how the proposed facility will provide and promote access for indi-
viduals with disabilities.
Section 4 amends section 206 of the public health law by adding a new
subdivision 32 directing the commissioner of health to promulgate regu-
lations requiring lifeguard certification courses to include at least
three hours of training concerning aquatic safety for individuals with
disabilities.
Section 5 amends the education law by adding a new section 4411, allow-
ing school districts and boards of cooperative educational services to
incorporate adaptive aquatic safety goals into individualized education
programs.
Section 6 states the enacting date. JUSTIFICATION: People with disabil-
ities are significantly more susceptible to drowning than the general
population. According to the National Autism Association, children with
autism are 160 times more likely to die from drowning than neurotypical
children, while adults with autism are 40 times more likely to drown
than their neurotypical peers. People with all kinds of disabilities are
susceptible to accidental drowning, especially those with seizure disor-
ders or ambulatory disabilities.
This bill is a comprehensive package that would provide more opportu-
nities for people with disabilities to receive appropriate and informed
swimming instructions. The bill requires the State to submit a waiver to
cover adaptive swim instruction as a habilitative service under Medi-
caid. Moreover, it also requires lifeguards to receive instruction on
assisting individuals with disabilities, which will also help grow a
more robust workforce of swim instructors familiar with the needs of
those with disabilities. Additionally, the legislation requires any
aquatic facility built using public dollars to demonstrate how it will
integrate the disability community via accessible infrastructure and
swim instruction.
Enacting this legislation would be a substantial step towards ameliorat-
ing the disparities in drowning rates between people who have disabili-
ties and people who do not.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to state
 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.

Statutes affected:
S10660: 206 public health law