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Assembly Bill A6904A

2025-2026 Legislative Session

Adds Down syndrome to the definition of developmental disability and expands such definition to include certain individuals below the age of ten

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Bill Amendments

co-Sponsors

2025-A6904 - Details

See Senate Version of this Bill:
S9448
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §1.03, Ment Hyg L

2025-A6904 - Summary

Adds Down syndrome to the definition of developmental disability for the purpose of making Down syndrome an automatic qualifier for Medicaid; expands the definition of developmental disability to include certain individuals below the age of ten who cannot demonstrate that their disability constitutes a substantial handicap to their ability to function in a normal society, but that have a high probability of meeting such criteria later in life; expands the definition of developmental disability to include certain individuals below the age of four.

2025-A6904 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6904
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by  M.  of  A.  McMAHON, SHIMSKY, BURROUGHS, GONZALEZ-ROJAS,
   HEVESI -- read once and referred to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  adding  Down
   syndrome to the definition of developmental disability
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1  of  paragraph  (a)  of  subdivision  22  of
 section 1.03 of the mental hygiene law, as amended by chapter 114 of the
 laws of 2017, is amended to read as follows:
   (1)  is  attributable  to  intellectual  disability,  cerebral  palsy,
 epilepsy, neurological impairment, familial  dysautonomia,  Prader-Willi
 syndrome, DOWN SYNDROME, or autism;
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07305-01-5

co-Sponsors

2025-A6904A (ACTIVE) - Details

See Senate Version of this Bill:
S9448
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §1.03, Ment Hyg L

2025-A6904A (ACTIVE) - Summary

Adds Down syndrome to the definition of developmental disability for the purpose of making Down syndrome an automatic qualifier for Medicaid; expands the definition of developmental disability to include certain individuals below the age of ten who cannot demonstrate that their disability constitutes a substantial handicap to their ability to function in a normal society, but that have a high probability of meeting such criteria later in life; expands the definition of developmental disability to include certain individuals below the age of four.

2025-A6904A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6904--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by  M.  of  A.  McMAHON, SHIMSKY, BURROUGHS, GONZALEZ-ROJAS,
   HEVESI, GLICK, HYNDMAN, LUNSFORD, GRIFFIN -- read once and referred to
   the Committee on Mental Health --  recommitted  to  the  Committee  on
   Mental  Health in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  adding  Down
   syndrome  to the definition of developmental disability and to expand-
   ing such definition to include certain individuals below  the  age  of
   ten
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1  of  paragraph  (a)  of  subdivision  22  of
 section 1.03 of the mental hygiene law, as amended by chapter 114 of the
 laws of 2017, is amended to read as follows:
   (1)  is  attributable  to  intellectual  disability,  cerebral  palsy,
 epilepsy, neurological impairment, familial  dysautonomia,  Prader-Willi
 syndrome, DOWN SYNDROME, or autism;
   §  2.  Paragraph  (d)  of subdivision 22 of section 1.03 of the mental
 hygiene law, as amended by section 4 of part MM of  chapter  58  of  the
 laws of 2015, is amended to read as follows:
   (d)  constitutes  a  substantial  handicap to such person's ability to
 function normally in society;  PROVIDED,  HOWEVER,  THAT  AN  INDIVIDUAL
 BELOW  THE  AGE OF TEN WHO MEETS THE CRITERIA FOR HAVING A DEVELOPMENTAL
 DISABILITY UNDER PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION MAY  BE
 DEEMED TO HAVE A DEVELOPMENTAL DISABILITY WITHOUT ESTABLISHING THAT SUCH
 DISABILITY  CONSTITUTES  A  SUBSTANTIAL HANDICAP UNDER THIS PARAGRAPH IF
 SUCH INDIVIDUAL, WITHOUT SERVICES AND SUPPORTS, HAS A  HIGH  PROBABILITY
 OF  MEETING  SUCH CRITERIA UNDER THIS PARAGRAPH LATER IN LIFE; PROVIDED,
 FURTHER, THAT AN INDIVIDUAL BELOW THE AGE OF FOUR WHO MEETS THE CRITERIA
 FOR HAVING A DEVELOPMENTAL DISABILITY UNDER PARAGRAPHS (A), (B) AND  (C)
 OF THIS SUBDIVISION SHALL BE DEEMED TO HAVE A DEVELOPMENTAL DISABILITY.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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