Bill > S08040

This bill amends the New York mental hygiene law to require the Commissioner of the Office for People with Developmental Disabilities (OPWDD) to take immediate action when a person is examined under emergency mental health procedures (specifically sections 9.39 or 9.40) and is found to have a developmental disability rather than a mental illness. In such cases, the commissioner must be notified, and the individual must be transferred to the commissioner's custody. The commissioner is then obligated to immediately accept custody of the person, provide appropriate services including care and treatment, and develop comprehensive plans and programs tailored to the individual's needs. This legislation ensures that individuals with developmental disabilities who are brought to hospitals or psychiatric facilities during emergency evaluations receive prompt and specialized care from the appropriate state agency, rather than being left in limbo or improperly handled by mental health services.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S8040