| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 15, 2025 |
referred to disabilities |
Senate Bill S8040
2025-2026 Legislative Session
Sponsored By
(D, WF) 46th Senate District
Current Bill Status - In Senate Committee Disabilities Committee
Actions
2025-S8040 (ACTIVE) - Details
- Current Committee:
- Senate Disabilities
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §13.09, Ment Hyg L
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
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
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