S 8040: Requires the Commissioner of the Office for People with Developmental Disabilities to provide care for certain persons with developmental disabilities who have been admitted to hospitals or psychiatric facilities on an emergency basis.

  
  STATE OF NEW YORK ________________________________________________________________________ 8040 2025-2026 Regular Sessions  IN SENATE May 15, 2025 ___________ Introduced by Sen. FAHY -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities AN ACT to amend the mental hygiene law, in relation to requiring the Commissioner of the Office for People with Developmental Disabilities to provide care for certain persons with developmental disabilities who have been admitted to hospitals or psychiatric facilities on an emergency basis The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 13.09 of the mental hygiene law is amended by 2 adding a new subdivision (j) to read as follows: 3 (j) If a person is examined pursuant to section 9.39 or 9.40 of this 4 chapter and is determined not to be mentally ill but is determined to 5 have a developmental disability, the commissioner shall be notified and 6 such person shall be turned over to the custody and care of the commis- 7 sioner who shall, pursuant to subdivisions (a) and (c) of section 13.07 8 of this article, immediately accept custody and provide such person with 9 appropriate services including care and treatment and, immediately ther- 10 eafter, shall develop comprehensive plans, programs, and services for 11 such person. 12 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11663-01-5