NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3548
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the mental hygiene law, in relation to the definition of
"developmental disability"
PURPOSE OR GENERAL IDEA OF BILL:
To clarify that in addition to meeting all the other conditions in the
existing definition to classify or define someone as developmentally
disabled, the individual may be found unable to engage in any substan-
tial gainful activity by reason of the disability (the definition used
to qualify someone for Social Security Disability by the federal govern-
ment) or found to have a substantial handicap to such person's ability
to function normally in society (the existing NYS criteria in the stat-
ute).
SUMMARY OF PROVISIONS:
Section 1: 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.
Section 2: This law shall take effect on the thirtieth day after it
shall have become a law.
JUSTIFICATION:
In 2018 the CDC determined that approximately 1 in 59 children is diag-
nosed with an autism spectrum disorder. Therefore, New York State must
revamp its definition of developmental disability to ensure no one need-
ing services is falling through the cracks. Every effort must be made to
provide coherent and cohesive services early on to these and similarly
situated developmental disabled individuals who are currently being
denied services by the Office of People with Development Disability
(OPWDD). With the appropriate services, many can and do become independ-
ent and/or more productive members of society. The current definition of
developmental disability requires that an individual's disability must
constitute a substantial handicap to such person's ability to function
normally in society. OPWDD established Advisory Guidelines in August
2001 that address issues in determining eligibility for OPWDD services.
Among other things, the eligibility criteria the Guideline uses are too
linked to adaptive behavior measures, which are measures that are used
primarily to determine the level of disability for people with subnormal
intelligence. These guidelines have had the effect of barring many indi-
viduals who are unable to work or live on their own and meet all the
other requirements for services from OPWDD, except the adaptive behavior
measures. Many of these individuals, all of whom must have, among other
things, a disability that began before their 21st birthday, are high
functioning autistic people who may be able to score high on intelli-
gence exams, but have significant social, emotional and behavioral
impediments that make it extraordinarily difficult to join the workforce
or live on their own without assistance. However, given the appropriate
level of supportive services, these individuals can and do become
productive members of our society. This bill does not seek to create a
class of disabled individuals who will become a financial burden receiv-
ing benefits for a lifetime. Instead, this legislation will provide
disabled individuals with the supportive services they need early on to
transition into adulthood and independence. Eligibility for OPWDD
services can currently end when you are fully employed and no longer
need services to maintain that employment. However, without these vital
services many people become frustrated, their conditions deteriorate and
they end up needing and using mental health services for anxiety and
depression throughout their lifetime and remaining dependent upon their
families and society for the basic every- day needs of housing and food.
Today, many disabled young adults and their families are being caught in
a catch 22. They are being denied OPWDD services because they are
considered too high functioning, yet because of their significant
social, emotional and behavioral impairments, they find themselves
unprepared and unable to function independently in society. As a result,
they are being left to flounder in search of an array of services
provided by many different agencies (the Office of Mental Health, VESID,
etc.) and providers, none of which are equipped to address the problems
they face. Some families are divesting themselves of everything, even
their family home, to send their child to a program that can help them
make the transition to independence. Others unable to get the appropri-
ate services are faced with finding someone to care for their child
after they die. The result is a group of young disabled individuals who
are unnecessarily falling through the cracks. Not only is it morally
imperative that we qualify these individuals for OPWDD services, it is
financially prudent to put the up front services in place to help these
disabled citizens integrate into society rather than have society pay
for care over a life time in various other socially funded programs.
PRIOR LEGISLATIVE HISTORY:
2021-22: S5016 - Referred to Mental Health
2019-20: S.4607 - Referred to Mental Health and Dev. Disabilities
2017-18: S.3623 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
TIES
2015-16: S.2767A - Amend and Recommit to Mental Health and Dev. Disabil-
ities
2013-14: S.3232 - Referred to Mental Health and Dev. Disabilities
2011-12: S.3431 - Referred to Mental Health and Dev. Disabilities
2009-10: S.186A/A.7787 - Referred to Mental Health and Dev. Disabilities
2007-08: S.8043/A.11020 - Passed the Senate, Died in Assembly Ways &
Means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This law shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
3548
2025-2026 Regular Sessions
IN ASSEMBLY
January 28, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to the definition of
"developmental disability"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 22 of section 1.03 of the
2 mental hygiene law, as amended by section 4 of part MM of chapter 58 of
3 the laws of 2015, is amended to read as follows:
4 (d) constitutes a substantial handicap to such person's ability to
5 function normally in society or results in an inability to engage in any
6 substantial gainful activity by reason of the disability described in
7 subparagraph one or two of paragraph (a) of this subdivision.
8 § 2. This act shall take effect on the thirtieth day after it shall
9 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06709-01-5
