NY State Senate Bill 2025-S8040

Senate Bill S8040

2025-2026 Legislative Session

Requires the Commissioner for the Office for People with Developmental Disabilities to provide care for certain persons with developmental disabilities who have been admitted to hospitals on an emergency basis

download bill text pdf

Current Bill Status - In Senate Committee Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to disabilities

2025-S8040 (ACTIVE) - Details

Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.09, Ment Hyg L

2025-S8040 (ACTIVE) - Summary

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.

2025-S8040 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8040

SPONSOR: FAHY
 
TITLE OF BILL:

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 emergen-
cy basis

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that the OPWDD commissioner to provide care for certain
persons with developmental disabilities who have been admitted to hospi-
tals or psychiatric facilities on an emergency basis

 
SUMMARY OF PROVISIONS:

  Section  1  of the bill amends Section 13.09 of the Mental Hygiene Law
by adding a new subdivision (j), which mandates that if a  person  exam-
ined  under  section 9.39 or 9.40 is found not to be mentally ill but is

determined to have a developmental disability, the Commissioner of OPWDD
shall be notified. The individual shall be transferred  to  the  Commis-
sioner's  custody,  who  shall immediately provide care and treatment in
accordance with existing  duties  under  subdivisions  (a)  and  (c)  of
section  13.07.  The Commissioner must also develop comprehensive plans,
programs, and services for such person without delay.

  Section 2 provides that this act shall take effect immediately.

 
JUSTIFICATION:

Current procedures under sections 9.39 and 9.40 of  the  Mental  Hygiene
Law govern the commitment of individuals believed to be mentally ill and
in  need  of  immediate care. However, some individuals undergoing these
evaluations may be found not to have a mental  illness,  but  instead  a
developmental  disability.  In such cases, these individuals may be left
without appropriate care due to jurisdictional or procedural gaps.

This legislation ensures that these individuals  are  not  left  without
support  by  clarifying  that the OPWDD Commissioner must accept custody
and provide immediate and  ongoing  care  and  services.  This  protects
vulnerable  individuals  and ensures a coordinated response across state
agencies,  aligning  with  the  state's  commitment  to   comprehensive,
person-centered care.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S8040 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8040
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  Section  13.09  of  the  mental hygiene law is amended by
 adding a new subdivision (j) to read as follows:
   (J) 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 A DEVELOPMENTAL DISABILITY, THE COMMISSIONER SHALL BE NOTIFIED  AND
 SUCH  PERSON SHALL BE TURNED OVER TO THE CUSTODY AND CARE OF THE COMMIS-
 SIONER 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, IMMEDIATELY THER-
 EAFTER,  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.
                                                            LBD11663-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.