S T A T E O F N E W Y O R K
________________________________________________________________________
10250
I N A S S E M B L Y
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
read once and referred to the Committee on People with 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:
Section 1. Section 13.09 of the mental hygiene law is amended by
adding a new subdivision (i) to read as follows:
(I) IF A PERSON IS EXAMINED PURSUANT TO SECTION 9.39 OR 9.40 OF THIS
CHAPTER AND IS DETERMINED NOT TO BE MENTALLY ILL BUT IS DETERMINED TO
HAVE AN A DEVELOPMENTAL DISABILITY, THE COMMISSIONER SHALL BE NOTIFIED
AND SUCH PERSON SHALL BE TURNED OVER TO THE CUSTODY AND CARE OF THE
COMMISSIONER WHO SHALL, PURSUANT TO SUBDIVISIONS (A) AND (C) OF SECTION
13.07 OF THIS ARTICLE, IMMEDIATELY ACCEPT CUSTODY AND PROVIDE SUCH
PERSON WITH APPROPRIATE SERVICES INCLUDING CARE AND TREATMENT AND, IMME-
DIATELY THEREAFTER, SHALL DEVELOP COMPREHENSIVE PLANS, PROGRAMS, AND
SERVICES FOR SUCH PERSON.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15703-01-2